Court No. - 6 Case :- SERVICE SINGLE No. - 240 of 2010 Petitioner :- Babu Ram Mittra S/O Late Shri T.R.Mittra Respondent :- State Of U.P.Through The Secretary Mahila Evam Bal Vikas Petitioner Counsel :- R.C.Singh Respondent Counsel :- C.S.C. Hon'ble Shabihul Hasnain,J.
Heard Sri R.C. Singh, learned counsel for the petitioner and the learned
standing counsel.
The petitioner was transferred on 20.6.2008 from Lucknow to Kanpur. He
filed the writ petition. The main allegation of the petitioner was that the order
has been passed on the basis of forged documents recommending the case of
the petitioner for transfer. Sri R.C. Singh says that the record was seen and the
officer was summoned. Petitioner’s transfer was stayed by this Court on
23.7.2008. The petitioner remained at the place of posting for about a year
and later on, another order was passed by this Court on 13.7. 2007 when the
writ petition was finally disposed of with the direction that the transfer order
can never be perpetual in nature. It can only operate for an year. Accordingly
the opposite parties were given liberty to pass a fresh order in the exigencies
of work. The petitioner says that by the impugned order, the opposite parties
have passed same order, which they had passed earlier in 2008. The petitioner
further says that there are observations, which are in the nature of casting
stigma upon the petitioner and the order of transfer, thus become stigmatic.
The petitioner has very fairly stated that he does not object his transfer to any
place but the order should be passed in fresh manner without casting any
aspersion or finding against the petitioner.
Learned standing counsel on the other hand says that there was direction of
the Court that the opposite parties should consider the matter of the petitioner
in totality and then to pass order. In such circumstances, the order which has
been passed is not stigmatic, but as per direction of the High Court.
Taking both the views into consideration, this Court directs that any reason
given in the transfer order for transferring the petitioner shall not be read
against the petitioner as any kind of stigma or adverse entry for his career.
The transfer order shall be treated to be a simple transfer order and the
petitioner is directed to abide the Court’s order and join at the place of posting
within fifteen days from today.
With these observations and direction, the writ petition is finally disposed of.
Order Date :- 26.7.2010
Sadiq