Allahabad High Court
S.P.Shukla vs State Of U.P.& 2 Ors. on 21 October, 2013
Bench: Rajes Kumar, Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
AFR
Court No. - 33
Case :- WRIT - A No. - 40847 of 2013
Petitioner :- S.P.Shukla
Respondent :- State Of U.P.& 2 Ors.
Counsel for Petitioner :- K.N.Mishra,Abhishek Mishra,Keshari Nath Tripathi
Counsel for Respondent :- C.S.C.,Shivaji Singh
Hon'ble Rajes Kumar,J.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Sri K.N. Mishra, learned counsel for the petitioner, Sri Y.K. Yadav, learned Standing Counsel appears on behalf of respondent nos. 1 and 2 and Sri Shivaji Singh, Advocate appears on behalf of respondent no. 3.
By means of the present petition, the petitioner has challenged the transfer order dated 24.7.2013 by which the petitioner has been transferred from Kanpur to Devipatan.
It is the case of the petitioner that by the transfer order dated 9.7.2013, he has been transferred from Gorakhpur to Kanpur as a Deputy Labour Commissioner. He took the charge at Kanpur and was working there. By the impugned order, the petitioner has been transferred from Kanpur to Devipatan. The petitioner has challenged the transfer order. By the interim order dated 29.7.2013, impugned transfer order has been stayed.
Learned counsel for the petitioner submitted that the petitioner has been transferred on the basis of the letter of Sri Kailash Yadav, a sitting M.L.A., which is Annexure-7 to the writ petition. In the said letter, he recommended the posting of one Sri Ramesh Chand Yadav on the post of Deputy Labour Commissioner stating therein that he is a close relative. The contents of the letter are as follows:
"dSyk'k ;kno lh&5 nk:y'kQk]
fo/kk;d lik y[kuÅ A
taxhiqj eks0 9415209750
8765955075
lsok esa]
ekuuh; eq[;ea=h th]
mRrj izns'k ljdkj]
y[kuÅ A
egksn;]
Jh jes'k pUn ;kno&uo izksUur mi Jek;qDr ,d bZekunkj] ifjJeh ,oa fu"Bkoku vf/kdkjh gaSA budk dk;Z vR;Ur ljkguh; ,oa iz'kaluh; gSA ;g esjs djhch fj'rsnkj gSA
vr% vkils lknj fuosnu gS fd Jh jes'k pUn ;kno mi Jek;qDr dh inLFkkiuk y[kuÅ {ks= y[kuÅ vFkok dkuiqj {ks=] dkuiqj esa djkus dk vkns'k iznku djus dh d`ik djsaA
lknj]
Hkonh;]
g0 vifBr
15-7-2013
¼dSyk'k ;kno½
izeq[k lfpo Je
;Fkkuqjks/k lek;ksftr djus dh vis{kk dh xbZ gSA
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15-7-13
¼txnso flag½
fo'ks"k dk;kZf/kdkjh eq[;ea=h
mRrj izns'k 'kklu^^
The letter dated 15.7.2013 was addressed to the Hon'ble Chief Minister. On the said letter, O.S.D. attached to the Chief Minister, has requested the Secretary, Labour Commissioner to adjust Sri Ramesh Chand Yadav. This averment has been made in para-7 of the counter affidavit. In the counter affidavit filed by the State, the aforesaid para-7 has been replied by para-10 of the counter affidavit. The averments made in para-7 of the counter affidavit has not been denied and it has only been stated that the petitioner has been transferred in public interest/Government work. The respondent no. 3 filed counter affidavit and replied para-7 by para-10 of the counter affidavit stating therein that the contents of para-7 of the writ petition is a matter of record, but further stated that averments made in the said paragraph that the local M.L.A. is the relative of the respondent no. 3 is totally false and the letter annexed in the writ petition by the petitioner is totally forged letter. No evidence has been adduced to show that the letter is forged. The endorsement/direction given by Sri Jagdev Singh, O.S.D., on 15.7.2013 has not been disputed. On the facts and circumstances, it is apparent that the petitioner has been transferred at the behest of sitting M.L.A. of Ruling Party to accommodate his relative, who is respondent no. 3 within 15 days of his posting at Kanpur.
On the facts and circumstances, we are of the view that the transfer order is full of malafide and is not sustainable. Such type of transfer is not expected from the Government and authorities should restrain themselves from passing such order on the dictate of politicians, contrary to the Government policy.
In view of the above, the writ petition is allowed with the cost of Rs.10,000/-. The impugned transfer order dated 24.7.2013, Annexure-2 to the writ petition, is hereby quashed.
Order Date :- 21.10.2013
OP
