Azimuddin vs State Of U.P. And Others
2011 Latest Caselaw 4545 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 52323 of 2011
 

 
Petitioner :- Azimuddin
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Chandan Sharma
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

The petitioner is Executive Officer in Nagar Panchayat Chharra, Aligarh. There is no dispute that the petitioner's service is governed by the Uttar Pradesh Palika (Centralized) Services Rules, 1966 and the petitioner falls under the said Rules. The petitioner has been transferred by the impugned order dated 1.9.2011 by the Commissioner, Aligarh Division, Aligarh to Narag Palika Parishad, Marhara, Etah.

Learned counsel for the petitioner submits that under Rule 25 of the Uttar Pradesh Palika (Centralized) Services Rules, 1966 only the State Government has power to transfer any officer of the Centralized Services from one Palika to another and the Commissioner has no power to transfer. Therefore, the impugned order is bad in law.

Learned Standing Counsel submitted that by the Government Order dated 26.7.2011 the State Government has delegated the power to the Divisional Commissioner relating to transfer.

Learned counsel for the petitioner submitted that the delegation of power is dehors to Rule 25 of the U.P. Palika (Centralized) Services Rules, 1966.

Learned counsel for the petitioner prays that the matter may be taken up on Monday i.e. on 12.9.2011 to enable him to challenge the Government Order by which the power has been delegated.

As prayed, put up on Monday i.e. on 12.9.2011 as fresh.

Order Date :- 9.9.2011

OP