Court No. - 38 Case :- WRIT - A No. - 5098 of 2010 Petitioner :- Pankaj Kumar Aroda Respondent :- State Of U.P. & Others Petitioner Counsel :- B.N. Pathak Respondent Counsel :- C.S.C. Hon'ble Amreshwar Pratap Sahi,J.
Heard learned counsel for the petitioner and learned Standing
Counsel.
The petitioner is stated to have been transferred and he has come up
against the transfer order on the ground that the petitioner is being
mala fidely prosecuted on account of the fact that he had earlier filed a
complaint relating to certain discrepancies about which not only a
departmental inquiry but a criminal prosecution is also going on.
The petitioner contends that his presence at Varanasi had become
inconvenient as a result whereof the transfer order had been passed.
A perusal of the transfer order dated 14.7.2009, which is sought to be
implemented through the order dated 19.1.2010, indicates that there
was some approval on 4.1.2010 by the State Government. The
aforesaid date of 4.1.2010 in an order dated 14.7.2009 is absolutely
incompatible.
Learned counsel for the petitioner contends that the transfer order has
been passed in mid session and that the petitioner’s children are
studying and about to appear in the examination 2010.
Having heard learned counsel for the petitioner and learned Standing
Counsel, this writ petition is disposed of with a direction to the
respondent No.3 to examine the aforesaid aspects and pass a fresh
order keeping in view the discrepancies as noticed herein above and
also give a sympathetic consideration to the request of the petitioner,
who has now been transferred several hundreds kilometers away . The
order shall be passed by the said respondent within 15 days from
today.
A certified copy of this order shall be presented before the authority
concerned within 2 weeks.
Till fresh orders are passed, the petitioner shall not be compelled to be
relieved from Varanasi.
Order Date :- 2.2.2010
Irshad