Pramod Kumar Upadhyay vs State Of U.P.& 4 Ors.
2013 Latest Caselaw 7181 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 
Case :- WRIT - A No. - 65135 of 2013
 
Petitioner :- Pramod Kumar Upadhyay
 
Respondent :- State Of U.P.& 4 Ors.
 
Counsel for Petitioner :- Girijesh Tiwari
 
Counsel for Respondent :- C.S.C.,Sanjay Chaturvedi
 
Hon'ble Rajes Kumar,J.

Hon'ble Mahesh Chandra Tripathi,J.

Supplementary affidavit filed today is taken on record.

It appears that in pursuance of the order dated 10.10.2013 passed by the Director of Education (Basic), U.P., Allahabad, the petitioner has been repatriated to his parent department and has been given charge for the post of Block Education Officer, Block Gadwar, Ballia on 8.10.2013. In this regard, the order dated 10.10.2013 is Annexure-3 to the writ petition, while by the order dated 10.10.2013, the petitioner has been transferred from the post of Block Education Officer, Block Gadwar, Ballia to Vikas Khand-Mahsi, Bahraich, which is being challenged in the present writ petition.

The contention of the petitioner is that just two days before, he has been given charge for the post of Block Education Officer, Block Gadwar, Ballia and for no reason he has been transferred to Vikas Khan-Mahsi, Bahraich. He submitted that the transfer has been made on the basis of the letter dated 9.10.2013 written by the M.L.A. of Ruling Party, which is annexed as S.A.-1 to the supplementary affidavit. In this letter, it is further provided that the charge of the petitioner may be given to one Sri Prabhakar Yadav. By the order dated 19.10.2013, charge of the petitioner has been given to Sri Prabhakar Yadav. In para-19 of the writ petition, it is stated that respondent no. 3 -Sri Prabhakar Yadav has been given the additional charge of three Blocks, namely, Bansdih, Rasda and Gadwar and he has also been given the charge of another full fledged Block, namely, Rewati in which he is working. He submitted that the transfer is full of malafide and has been made at the behest of M.L.A. of Ruling Party, and to please the respondent no. 3.

Prima facie, we find substance in the argument of learned counsel for the petitioner.

Learned Standing Counsel accepts notice on behalf of respondent nos. 1 and 2. Sri Sanjay Chaturvedi, Advocate, appears on behalf of respondent no. 5. Issue notice to respondent nos. 3 and 4. Learned Standing Counsel may file counter affidavit within a period of one week, particularly with regard to the averments made in para-19 of the writ petition and also para-2 of the supplementary affidavit. It may also be explained that what is the special quality of respondent no. 3 on account of which he has been given so many charges. Is there any other person also to whom, more than one charge has been given, the said position may also be explained and necessary details be provided.

Put up on 10.12.2013 as fresh.

Till the next date of listing, the operation of the transfer order dated 10.10.2013, Annexure-4 to the writ petition, shall remain stayed.

Order Date :- 28.11.2013/OP