Court No. - 6 Case :- SERVICE SINGLE No. - 5620 of 2010 Petitioner :- Sanjeev Sinha Respondent :- State Of U.P. Through Its Principal Secy.Nagriya Rozgar Evam Petitioner Counsel :- Mohd.Mansoor Respondent Counsel :- C.S.C.,A.K.Chaturvedi Hon'ble Shabihul Hasnain,J.
Heard Sri Mohd. Mansoor, learned counsel for the petitioner and
Sri Ashit Kumar Chaturvedi, learned counsel for the opposite party
No.s 2 and 3, who has very promptly filed counter affidavit along
with application for dismissal of the writ petition. Sri Mohd.
Mansoor declines to file rejoinder affidavit.
Petitioner has made out a case that vide order dated 13.5.2010 on
the basis of complaint, he was attached to DUDA, Raibareli. The
writ petition was preferred against the said order bearing No.3912
(S/S) of 2010 in which this Court stayed his attachment with a
detailed order on 10.6.2010. Now again the petitioner has been
transferred vide order dated 30.7.2010 which has been impugned
in this writ petition. The main argument of the petitioner is that
this action is malafide and the opposite party No.4 is adversely
inclined against the petitioner and it is on her behest that earlier he
was attached and now he has being transferred.
In the counter affidavit all the allegations have been categorically
denied. It is also stated in the counter affidavit that the opposite
party No.4 is much lower in rank than the Director, who has made
the transfer, as such, the allegations of bias can not be made out.
Be that as it may, the Court is not entering into the allegations of
bias at the moment but this fact is clear that when vide order dated
10.6.2010 the attachment of the petitioner from Kanpur to
Raibareli was stayed by this Court, it was expected that the
executive will have some respect for the judicial order and such
orders of transfer/attachment at least for the session have to be
honoured. The allegation of the petitioner that the transfer has
been made in order to circumvent the order of this Court, gathers
weight.
For the reasons stated hereinabove, the order dated 30.7.2010
transferring the petitioner from Kanpur to Raibareli is hereby
stayed till the end of the session. The opposite parties shall be at
liberty to consider the case of the petitioner for transfer in the
exigency of work.
With these observations and directions the petition is finally
disposed of.
Order Date :- 11.8.2010
RKM.