Court No. - 6 Case :- SERVICE SINGLE No. - 4481 of 2010 Petitioner :- Om Prakash Pandey Respondent :- The State Of U.P. Through Principal Secy.Home Lucknow Petitioner Counsel :- Pradeep Kumar Singh Respondent Counsel :- C.S.C. Hon'ble Shabihul Hasnain,J.
Heard learned counsel for the petitioner and the learned standing counsel,
who has very efficiently obtained instructions.
On the basis of the instruction, it does not transpire that there are any serious
charges against the petitioner. It has been said that he has ‘adverse working
style’, which does not imply anything. It is as vague as it can be. This Court,
apart from such factors, is concerned that the petitioner has got only six
months to retire. According to the Govt. policies from time to time, it has
been provided that a person who has less than two years of service, normally
should not be transferred except in cases where there are charges of grave
nature against him and the transfer order is necessary on administrative
ground.
In the present case, this Court is not satisfied that there are sufficient reason to
dislodge the petitioner at the fag end of his service career when he is to retire
within six months. It has also been informed that although the petitioner was
relieved but had not joined at the place of posting and the new incumbent has
also not joined in his place.
Learned standing counsel prays for and is granted four weeks time to file
counter- affidavit. Rejoinder- affidavit, if any, may be filed within a week
thereafter. List thereafter.
Meanwhile, the order of transfer dated 23.6.2010 transferring the petitioner
from Kanpur Sector to Meerut Sector, shall remain stayed.
Order Date :- 9.7.2010
Sadiq