Court No. - 6 Case :- SERVICE SINGLE No. - 4975 of 2010 Petitioner :- Santosh Kumar Singh Respondent :- State Of U.P.Through The Principal Secy.Home Dept.And Others Petitioner Counsel :- Ram Prakash Singh Respondent Counsel :- C.S.C.,Rakesh Kumar Yadav Hon'ble Shabihul Hasnain,J.
Heard Sri R.P. Singh, learned counsel for the petitioner, who
has filed this writ petition against the transfer of the petitioner
from Barabanki to Shahjahanhpur. The petitioner is
suspended Constable and inquiry is going on against him. He
had earlier filed writ petition challenging the suspension
order which is pending before this Court after exchange of
affidavits. This petition has been filed on the ground that once
the petitioner was placed under suspension and attachment
was made, further transfer of the petitioner from Barabanki to
a far off place like Shahjahanhpur is not warranted. It was
further submitted that such a transfer order is not permissible
under law.
Sri R. D. Sahi, learned Standing counsel had sought time to
seek instructions as to why and under what circumstances the
petitioner is being sought to be shifted from Barabanki to
Shahjahanhpur. On the basis of written instructions provided
by senior officers who are present in the Court and also on
the basis of written instructions of Superintendent of
Barabanki, it transpires that the petitioner even after his
suspension is not maintaining the decorum and the decency of
a disciplined institution. It has been informed that on
16.5.2010 the petitioner along with Faujdar Singh indulged
in indecent activities with one Santosh Rai and an FIR by
Station House Officer was lodged and accordingly case
No.818/2010 under Sections-332/353/352/504/506 IPC is
registered. The report of Superintendent of Police, Barabanki
is on record which states that the situation has become so
volatile that some unfortunate situation can arise any time.
When a head of the District shows the apprehension
regarding the behavior of his subordinate and fears that
untoward situation can arise then their stay at that place can
not be warranted. Accordingly, the the transfer of the
petitioner from Barabanki to Shahjahanhpur appears to be
justified. Learned Standing has further informed that this
order was passed after due approval from the higher
authorities and after obtaining permission from the State
Government itself.
On the other hand, learned Counsel for the petitioner has
drawn the attention of this Court towards the caveat filed by
Santosh Kumar Rai, the Fire Station Officer. Counsel for the
caveator, Rakesh Kumar Yadav has not put in appearance. It
is a fact that Santosh Kumar Rai, is the complainant in this
matter and the FIR on 16.5.2010 has been lodged at his
behest. The argument of the petitioner counsel is that there is
enmity between Sri Santosh Kumar Rai and the petitioner and
it is at the behest and manipulation of Santosh Kumar Rai that
the inquiry is being held and the petitioners have been ousted
from the District. The very fact that Santosh Kumar Rai has
got the FIR lodged against the petitioner and complaints has
also been lodged and he further lodged a caveat gives an
impression to the Court that he is also pursuing the matter in
his own manner. He is superior officer than the petitioner.
Naturally he will have more say than the petitioner. One fact
is very clear that both these persons namely Sri Santosh
Kumar Rai as well as the petitioner are creating law and
order situation and indiscipline at Barabanki.
Accordingly, this Court, while declining to interfere in the
transfer of the petitioner, directs the opposite parties to
transfer Santosh Kumar Rai also out of the district of
Barabanki forthwith. Necessary approval from the higher
authorities may be obtained on the basis of this direction.
With these observations and directions the petition is finally
disposed of.
Order Date :- 30.7.2010
RKM.