Allahabad High Court
Lal Ji Ram Tripathi vs State Of U.P. & Others on 9 December, 2011
Bench: Rajes Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
AFR
Reserved
Civil Misc. Writ Petition N0. 57679 of 2011
Lal Ji Ram Tripathi......................................................Petitioner.
Vs.
State of U.P. and others............................................Respondents.
Hon'ble Rajes Kumar, J.
Heard Sri Ashok Khare, learned Senior Advocate, assisted by Sri Ramanand Pandey and Sri Pradeep Narain Pandey, appearing for the petitioner, learned Standing Counsel appears on behalf of respondent nos. 1, 2 and 3 and Sri G.K. Singh, learned counsel appearing on behalf of respondent no. 4.
By means of the present writ petition, the petitioner is challenging the order dated 23.9.2011 passed by respondent no. 2 by which the transfer order dated 21.9.2011 has been cancelled on the ground of special circumstances.
The petitioner was posted as Assistant Development Officer (Panchayat) in the office of the District Panchayat Raj Officer, Sant Kabir Nagar. Vide order dated 21.9.2011, passed by the District Panchayat Raj Officer, Sant Kabir Nagar, the petitioner has been transferred as Assistant Development Officer (Panchayat) in Block Belhar Kala and respondent no. 4-Sri Suresh Bahadur Singh was directed to handover the charge to the petitioner. The petitioner joined at Block Belhar Kala on 22.9.2011 and made his signature in the attendance register. The Block Development Officer, Block Belhar Kala, District Sant Kabir Nagar vide order dated 22.9.2011 relieved respondent no. 4 and directed him to join and give information to Block Development Officer, Block Santha, District Sant Kabir Nagar. On 23.9.2011 the District Panchayat Raj Adhikari, Sant Kabir Nagar has cancelled the transfer order dated 21.9.2011 for special reason and directed that respondent no. 4-Incharge Assistant Development Officer shall remain on his post as earlier and Sri Lal Ji Ram Tripathi shall remain attached with the office of the District Panchayat Raj Adhikari, Sant Kabir Nagar as earlier, which is being challenged in the present writ petition.
The petitioner filed two supplementary affidavits. Counter and rejoinder affidavits have been exchanged.
Learned counsel for the petitioner submitted that the transfer order dated 21.9.2011 has been cancelled only on the ground of special circumstances but no special circumstances have been mentioned in the order. He submitted that the impugned order has been passed due to political interference and compulsion, therefore, it is not just and proper. He further submitted that once the petitioner has joined at the transferred place on 22.9.2011, the transfer order dated 21.9.2011 could not be cancelled.
On 30.9.2011, the District Magistrate, Sant Kabir Nagar was directed to make an inquiry that under which circumstances the transfer order dated 21.9.2011 has been passed by the Zila Panchayat Raj Adhikari and under which circumstances the said order has been cancelled by the same authority on 23.9.2011. The District Magistrate has given his report which is annexed as Annexure-SA-I to the supplementary affidavit dated 17.10.2011.
The District Magistrate, in his report dated 8.10.2011, has stated that the transfer order dated 21.9.2011 has been passed on the request of the petitioner. After the transfer order, respondent no. 4 moved an application on 22.9.2011 stating therein that he has been engaged for the revision of the voter list and, therefore, in view of the order of the Election Commission dated 12.9.2011, his transfer may be cancelled and accordingly the transfer order dated 21.9.2011 has been cancelled by order dated 23.9.2011. The District Magistrate further stated that the transfer of Sri Lal Ji Ram Tripahti was made after the expiry of transfer session without the approval of the Chief Development Officer and the District Magistrate. For the said action, the District Panchayat Raj Adhikari has been warned. It is further submitted that Sri Lal Ji Ram Tripathi has been relieved on 26.9.2011 from the office of the Khand Vikas Adhikari, Block Belhar Kala, Sant Kabir Nagar.
Learned Standing Counsel submitted that the transfer order dated 21.9.2011 has been passed contrary to the order of the Election Commission in which it has been directed that no transfer be made without the permission of the Election Commission. Sri Suresh Bahadur Singh was engaged for the revision of the voter list, therefore, his transfer could not be made without the permission of the Election Commission. He further submitted that the District Panchayat Raj Adhikari has passed the transfer order dated 21.9.2011 after the transfer session without the permission of the Chief Development Officer and the District Magistrate, therefore, the said transfer order dated 21.9.2011 was not legally correct and has accordingly been cancelled by the order dated 23.9.2011. The petitioner has been relieved on 26.9.2011. He further submitted that even after joining the transferred place the earlier transfer order can be cancelled. Reliance is placed on the Full Bench decision of this Court in the case of Director Rajya Krishi Utpadan Mandi Parishad, Lucknow and others Vs. Nathi Lal, reported in All. CJ-430.
Sri G.K. Singh, learned cousel appearing on behalf of respondent no. 4 has adopted the argument of learned Standing Cousnel and further submitted that no specific allegation of malafide has been made against any person inasmuch as no persons have been impleaded for this purpose.
I have considered the rival submissions, perused the impugned orders, report of the District Magistrate and other documents.
I do not find any error in the impugned order dated 23.9.2011 by which the transfer order dated 21.9.2011 has been cancelled and the petitioner has been restored to his original place where he was posted prior to 21.9.2011. It is not in dispute that Sri Suresh Bahadur Singh has been engaged for the revision of the voter list and, therefore, in view of the order of the Election Commission dated 12.9.2011, he could not be transferred without the permission of the Election Commission. As per the report of the District Magistrate, the petitioner has been transferred on his request after the transfer session without taking approval from the Chief Development Officer and the District Magistrate. Sri Lal Ji Ram Tripathi has been relieved on 26.9.2011. In the case of Director Rajya Krishi Utpadan Mandi Parishad, Lucknow and others Vs. Nathi Lal (supra), the Full Bench of this Court has held that there is no bar or restriction to the modification, revocation or cancellation of an order of transfer even after it has been implemented.
In view of the above, the writ petition is devoid of merit and is accordingly dismissed.
Dated: 9th December, 2011
OP
