Court No. - 23 Case :- SERVICE SINGLE No. - 5171 of 2009 Petitioner :- Dharma Nand Awasthi, S/O-Late Ramkishore Awasthi, Respondent :- Sri Nawal Kishore Ji,(Managing Director) U.P. Sahkari Gramya Petitioner Counsel :- In Person Respondent Counsel :- N N Jaiswal Hon'ble Shabihul Hasnain,J.
The petitioner appears in person. He has challenged his transfer from
Lucknow to Robertsganj. The order has been annexed on page 41 of the writ
petition. The order has been passed on administrative grounds but at the same
time several charges have been mentioned against the petitioner in the transfer
order which casts stigma upon the petitioner. The order becomes punitive.
Transfer can not be resorted by way of punishment. A perusal of the order
gives an impression that instead of going for disciplinary proceedings the
opposite parties have resorted to transfer the petitioner from Lucknow to
Robertsganj.
Sri N.N. Jaiswal has tried to convince the court that the behaviour of
petitioner is such that work in the office is impossible and whatever has been
alleged in the order is quite true and hence, in the interest of work and the
administration in general the court may not interfere with the transfer order.
He has apprehension in case petitioner is allowed to work at Lucknow he will
create nuisance in the office.
Heard the petitioner in person as well as Mr. N.N. Jaiswal anxiously. The
arguments of Mr. N.N. Jaiswal appear to have some truth because this court is
aware about two other petitions which are connected with this case bearing
numbers Writ Petition No. 6276(S/S)/09 and 5171(S/S)/09. The contents of
these petitions make it clear that the petitioner has become a habitual litigant
and in the garb of appearing in person tries to consume a lot of time and takes
liberty with the courts.
However, the law can not be ignored and the order passed by the Managing
Director as contained on page 41 dated 12th October 2009 can not be
sustained. Transfer can not be resorted to as a punishment. Separate
proceedings can be initiated, if necessary.
Accordingly, the order dated 12th October 2009 is hereby quashed with the
liberty to the opposite parties to pass appropriate orders in accordance with
law, if they so choose.
With the above observation the present petition is disposed of.
Order Date :- 6.1.2010
Om.