Court No. - 38 Case :- WRIT - A No. - 36382 of 2010 Petitioner :- Sailesh Kumar Respondent :- State Of U.P. And Others Petitioner Counsel :- S.K. Srivastava,V.K. Srivastava Respondent Counsel :- C.S.C. Hon'ble Pankaj Mithal,J.
Heard the learned counsel for the petitioner and the learned
Standing Counsel.
The petitioner has been transferred from the district Kanpur to the
district Fatehgarh on administrative ground by the impugned order
dated 18th June 2010.
The submission of the learned counsel for the petitioner is that the
aforesaid transfer is punitive in nature and has been passed in view
of the complaint which has been made against the petitioner.
The submission cannot be accepted as there is no reference of any
complaint in the order impugned nor the inquiry which is said to
be pending on the basis of the alleged complaint, can be connected
with the impugned order. The impugned order appears to have
been passed independently from the complaint.
In the above view of the matter, I find no error in the order of
transfer. The writ petition, as such, has no merit and is dismissed.
However, as the petitioner has submitted a representation dated
19.6.2010 against the aforesaid transfer it would be open for the
authorities to consider and decide the same in accordance with law
as expeditiously as possible preferably within six weeks from the
date of production of a certified copy of this order.
Order Date :- 23.6.2010
vinay