Court No. - 29 Case :- SPECIAL APPEAL No. - 991 of 2010 Petitioner :- Indradeo Singh Respondent :- State Of U.P. Thru Prin. Sec. And Others Petitioner Counsel :- L.S. Yadav Respondent Counsel :- C.S.C. Hon'ble Arun Tandon,J.
Hon’ble Rajesh Chandra,J.
Heard learned counsel for the parties.
Petitioner, who is employed as Reserve Head Warder in Regional Jail,
Azamgarh, was transferred under an order of the State Government dated
01.04.2010 on administrative ground from District Jail Azamgarh to District
Jail Agra. He filed Writ Petition No. 20801 of 2010 challenging the aforesaid
order. The writ petition was disposed of vide order dated 19.04.2010 granting
liberty to the petitioner to make a representation, after recording that transfer
is an exigency of service.
The representation made by the petitioner has been rejected by the Director
General, Karagar Prashasan Avam Sudhar Sevayen, Uttar Pradesh vide order
dated 31.05.2010. Amongst other it has been recorded that both the sons of
the petitioner are involved in a case under Section 302 IPC and further the
petitioner has also been named in the aforesaid case under Section 120-B IPC.
It has further been recorded that the petitioner’s home district is Ghazipur and
that he has been posted at District Jail Azamgarh for more than 7 years and at
Mau similarly for a period of 7 years. The petitioner was also arrested and
confined to prison in the aforesaid case for more than 48 hours.
In the aforesaid factual background an administrative decision has been taken
to shift the petitioner from District Jail Azamgarh to District Jail Agra. The
case of the petitioner, that less than 15 months’ service remain and therefore
under the transfer policy he may not be transferred, has been turned down
after recording that transfer of the petitioner is on administrative ground and
not a routine transfer.
Having heard counsel for the parties and having gone through the records, we
are of the considered opinion that the order passed by the Hon’ble Single
Judge, dismissing the writ petition filed against the order rejecting the
representation dated 11th June, 2010, cannot be said to be illegal in any
manner so as to warrant any interference under Chapter VIII Rule 5 of the
High Court Rules.
In view of the aforesaid, present special appeal is dismissed.
Order Date :- 21.6.2010
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