Court No. - 38 Case :- WRIT - A No. - 25893 of 2010 Petitioner :- Babu Lal Respondent :- State Of U.P. And Others Petitioner Counsel :- A. P. Singh Raghav Respondent Counsel :- C. S. C. Hon'ble Ran Vijai Singh,J.
The petitioner appears to be aggrieved by the impugned order dated 28.4.2010
by which the petitioner has been transferred from Gangawali to Karaura.
Sri A.P.Singh Raghav learned counsel for the petitioner submits that vide
order dated 13.4.2010, 15 days back the petitioner was transferred from Tehsil
Shikarpur to Gangawali and thereafter he joined and immediately after his
joining the respondent no.4 has been transferred to Gangawali and petitioner
has been transferred by the impugned order dated 28.4.2010 to Karaura. In his
submissions the respondent no.4 has been transferred in his own block which
is in the teeth of Government Order dated 23.5.2001 which prohibits the
transfer of Lekhpal in his own block. In paragraph 13 it has been specifically
stated that Narendra Kumar Singh belongs to a village Badauli which falls in
block Arinia, Tehsil Khurja, District Bulandshahr.
Learned Standing Counsel submitted that the impugned transfer order has
been passed pursuant to the order of this Court dated 11.01.2010.
I have heard learned counsel for the parties.
Prima facie it appears to me that the earlier writ petition was filed by the
respondent no.4 (Narendra Kumar Singh) challenging the transfer order on the
ground that the same was passed in breach of Government Order without
there being any approval of the Chief Minister. Prima facie it appears that it
has no link with the impugned transfer order had there been any case of
respondent no.4 to consider his transfer in his own unblock the matter would
have been different. The matter requires consideration.
Issue notice. Notices on behalf of respondents no.1 to 3 have been accepted
by the office of learned Chief Standing Counsel. Issue notice to respondent
no.4 through registered post. No notice is issued to respondent no.5 at this
stage. Steps be taken within a week.
Respondents may file counter affidavit within the period of four weeks.
Rejoinder affidavit, if any, may be filed two weeks thereafter.
List this case in the third week of July, 2010.
As an interim measure without prejudice to the right and contention of the
parties, the operation of the impugned order dated 28.4.2010 passed by Sub
Divisional Officer, Khurja relating to the petitioner shall be kept in abeyance
and the petitioner be permitted to work at Gangawali till the next date of
listing.
Order Date :- 10.5.2010
PKB