Meera Rani Gupta vs State Of U.P. And 3 Others
2017 Latest Caselaw 2547 ALL

Citation : 2017 Latest Caselaw 2547 ALL
Judgement Date : 19 July, 2017

Allahabad High Court

Meera Rani Gupta vs State Of U.P. And 3 Others on 19 July, 2017

Bench: Ran Vijai Singh, Ifaqat Ali Khan




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 
Case :- WRIT - A No. - 31436 of 2017
 
Petitioner :- Meera Rani Gupta
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Vishal Agarwal,Pramod Kumar Dwivedi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ran Vijai Singh,J.

Hon'ble Ifaqat Ali Khan,J.

We have heard Sri Vishal Agarwal, learned Counsel for the petitioner and learned Standing Counsel for the State-respondents.

By means of this writ petition the petitioner has prayed for issuing a writ of certiorari quashing the order dated 30.06.2017 passed by the respondent no.2 whereby the petitioner, who is Block Development Officer, Kaushambhi, has been transferred in the same capacity to district-Chitrakoot in the public interest.

On being confronted as to whether the petitioner has joined at the transferred place or not, learned counsel for the petitioner submitted that she has not joined as yet at transferred place because of her ill health.

In view of the judgements of the Apex Court in the case of S.C.Saxena Vs. Union of India and others, (2006) 9 SCC 583 as well as Division Bench of this Court in Sanjay Kumar Vs. Virendra Singh Kushwaha and others (Special Appeal No. 533 of 2016, decided on 1.9.2016), non-joining of the government employee at the transferred place amounts to misconduct.

However, considering the facts that the petitioner was not having good health therefore she is permitted to submit her joining within a week from today and in case she joins at transferred place and make a representation before the competent authority for redressal of her grievance, the competent authority i.e. respondent no.2 shall look into the matter and pass a reasoned speaking order on the representation of the petitioner within a period of six weeks from the date of receipt of the representation alongwith certified copy of this order.

The writ petition is disposed of with the aforesaid observations/directions.

Order Date :- 19.7.2017/Swati