Allahabad High Court
Santosh Kumar And 2 Others vs State Of U.P. And 3 Others on 8 April, 2016
Bench: Pradeep Kumar Baghel
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 4
Case :- WRIT - A No. - 15916 of 2016
Petitioner :- Santosh Kumar And 2 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Balram Mishra
Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J.
Tag with Writ Petition No.14313 of 2016 (Kaushal Kumr Singh and 12 others v. State of U.P. and 2 others).
The petitioner is aggrieved by the same impugned order in respect of which this Court has passed a detailed order and has stayed the transfer of the petitioners in the said case. The relevant part of the order is as under:-
"It is contended on behalf of the petitioners that the transfer order has been passed at the behest of a political person and the District Magistrate has passed the order at the diktat of a person who has no authority under the law. It is stated that the person concerned is neither a Member of Parliament nor a Member of the Legislative Assembly. Thus, he has no authority to make any recommendation to the District Magistrate to transfer the petitioners in the public interest.
Learned counsel for the petitioners has drawn the attention of the Court to a letter of the District President of a Political Party dated 31.12.2015 which also bears the office note of the concerned official. A xerox copy of the said letter is on the record as Annexure-6 to the writ petition.
From the various office endorsements made in the said letter I am prima facie satisfied about the genuineness of the said letter but in the present case it appears that the transfer has not been made by the concerned authority by applying his mind in public interest but at the behest of a person who has no any authority.
It is also contended on behalf of the petitioners that the transfer order is against the transfer policy of the State Government as the policy enjoins that the last date of the transfer will be 31.03.2015 and after the said date the necessary approval would be obtained from the appropriate authority.
Learned Standing Counsel may produce the original record to establish that the transfer order has been passed on the administrative ground and not at the behest of a political person.
Let the record be produced by a responsible person on 25th April, 2016.
List on 25th April, 2016. Till then the effect and operation of the transfer order dated 22.03.2016 insofar the petitioners are concerned shall remain stayed."
In view of the above, the effect and operation of the transfer order dated 22.03.2016 passed by the District Panchayat Raj Officer, Sant Kabir Nagar, respondent no.3 insofar the petitioners are concerned shall remain stayed till the next date of listing.
Put up this case on 25.04.2016 in the additional cause list.
Order Date :- 8.4.2016
AU
