Court No. - 6 Case :- SERVICE SINGLE No. - 4513 of 2010 Petitioner :- Nand Lal Singh Respondent :- The State Of U.P. Through The Principal Secy.Rural Eng.& Ors Petitioner Counsel :- Madhumita Bose Respondent Counsel :- C.S.C. Hon'ble Shabihul Hasnain,J.
Heard Ms. Madhumita Bose, learned counsel for the petitioner and
learned Standing counsel for the opposite parties.
Petitioner has challenged the transfer order mainly on the ground
that in the transfer policy of 2010 this year has been declared as
zero session for transfers. Transfers are permitted only in
exceptional circumstances where there is administrative exigency
and then the approval of the Chief Minister was required as per the
policy. It has been brought to the notice of this Court the the
petitioner is an office bearer of Diploma Engineer’s Association
and has just been elected. The petitioner is being transferred as a
major punishment rather than on administrative exigencies.
Sri R. D. Sahi has stated that he will seek instructions but the
Court feels that it will be proper that the record may be produced
in this matter to enable this Court to find out as to what is the
administrative exigency for transferring the petitioner.
List this case on 15.7.2010 as fresh on which date the records as
observed above shall also be produced.
It is expected that since the Court has taken cognizance of the
matter, the authorities shall take no coercive method against the
petitioner till the next date of listing.
Order Date :- 8.7.2010
RKM.