Meghnath vs State Of U.P. And 4 Others
2015 Latest Caselaw 2093 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 39670 of 2015
 

 
Petitioner :- Meghnath
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Pramod Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pradeep Kumar Singh Baghel,J.

Learned Standing Counsel was granted time to seek instruction on 23.7.2015. He has not received any instruction.

The petitioner is a Class-IV  employee. He has challenged his transfer order dated 24.6.2015 whereby he has been transferred from Baghpat to Allahabad.

It is contended by the learned counsel for the petitioner that the action for transferring the petitioner from Baghpat to Allahabad is arbitrary exercise of powers by the respondents. He has also mentioned the detailed facts in paragraph nos. 15 and 16 onwards about the reasons for his transfer.

It is contended that the facts mentioned in the aforesaid paragraphs clearly indicate that the petitioner has been transferred on the ground of malafide, thus, his transfer is arbitrary. As observed in the order dated 23.7.2015, ordinarily the Court does not interfere in the matter of transfer.

Having regard to the uncontroverted affidavit of the petitioner, I am prima-facie satisfied that the transfer order of the petitioner is not in public interest or on administrative ground and he has been transferred arbitrarily.

As prayed by the learned Standing Counsel, six weeks further time is granted to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.

List in the week commencing 16.11.2015.

Till the next date of listing, the effect and operation of the transfer order dated 24.06.2015, passed by respondent no.2,  so far as the petitioner is concerned, shall remain stayed.

Order Date :- 1.9.2015

AU