Court No. - 29 Case :- WRIT - A No. - 41130 of 2010 Petitioner :- Santosh Kumar Srivastava Respondent :- State Of U.P. And Others Petitioner Counsel :- V. K. Singh,G. K. Singh Respondent Counsel :- C. S. C. Hon'ble Sunil Ambwani,J.
Hon’ble Kashi Nath Pandey,J.
Heard Shri G.K. Singh, learned counsel for the petitioner. Learned
Standing Counsel appears for the State respondents. Shri R.K.
Tiwari appears for Shakti Nagar Special Area Development
Authority, Sonebhadra.
The petitioner was posted as Executive Engineer at Shakti Nagar
Special Area Development Authority, Sonebhadra (in short,
SADA). He made some complaints with regard to prevalent
corrupt practices; unauthorised sanction of plans and losses to the
SADA by subordinate officers to the State Government and
requested for his transfer on the ground that he and his family is
facing threat to their life. The last representation was made on
16.6.2010.
By the impugned order dated 15.6.2010, the Commissioner,
Vindhyachal Mandal Mirzapur, as Chairman of SADA has
attached the petitioner to his office at Mirzapur. In the order of
attachment, the Commissioner has observed that the orders of
allotment of work to be petitioner will be passed separately.
Learned counsel for the petitioner states that the Commissioner is
not the appointing authority or the transferring authority of the
petitioner, and that the petitioner has been humiliated by giving
him posting in the office of the Commissioner. He would submit
that petitioner’s representation to transfer him from Sonebhadra is
still pending and should be considered by the State Government,
expeditiously.
Shri R.K. Tiwari, learned counsel appearing for the SADA would
submit that taking into account the peculiar geographical situation
in District Sonebhadra, the office of SADA is at Pipari in District
Sonebhadra. The Commissioner is the Chairman of SADA and
that has the authority to attach petitioner to his office.
Learned Standing Counsel would submit that the petitioner’s
representation is still pending with the State Government.
We do not find any illegality in the order of the Commissioner. As
Chairman of SADA the Commissioner, Vindhyachal Mandal,
Mirzapur, can attach the petitioner serving as Executive Engineer
SADA, to his office to perform the duties assigned by him. The
order does not amount to transfer of the petitioner from
Sonebhadra to mirzapur.
The petitioner has in his representation brought to the notice of the
State Government several irregularities and corrupt practices
adopted by the officers of SADA in Sonebhadra and has requested
for his transfer to some other place in UP.
We find it appropriate to dispose of the writ petition with
directions to the State Government to cause an enquiry into the
alleged corrupt practices prevailing in SADA at Sonebhadra and to
consider to transfer the petitioner to some other place. His
representation will be decided as expeditiously as possible, and
preferably within a period of three weeks from the date a certified
copy of the order is produced before the Principal Secretary, Awas
Avam Sahari Yiyojan Vibhag, Government of U.P., Lucknow.
Order Date :- 20.7.2010
RKP