Allahabad High Court
Trinetra Kumar Singh vs State Of U.P. And 3 Others on 28 July, 2017
Bench: Ran Vijai Singh, Ifaqat Ali Khan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 38
Case :- WRIT - A No. - 32706 of 2017
Petitioner :- Trinetra Kumar Singh
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Raj Kumar Singh Chauhan,Narendra Pratap Singh
Counsel for Respondent :- C.S.C.,Rahul Agarwal
Hon'ble Ran Vijai Singh,J.
Hon'ble Ifaqat Ali Khan,J.
Sri C. K. Parikh, learned counsel has filed Vakalatnama on behalf of respondent no.4, which is taken on record. Sri Rahul Agarwal, learned counsel has already filed caveat on behalf of respondent no.4.
We have heard Sri R. K. S. Chauhan, learned counsel alongwith Sri N. P. Singh, learned counsel for the petitioner, learned Standing counsel for the State-respondents, Sri C. K. Parikh alongwith Sri Rahul Agarwal, learned counsel for the respondent no.4.
Learned counsel for the petitioner has filed supplementary affidavit, which is also taken on record.
By means of this writ petition, prayer has been made to issue a writ of certiorari quashing the transfer order no. C-1243 dated 30.06.2017 by which the petitioner while working as District Social Welfare Officer has been transferred from Kushi Nagar to Fatehpur. The petitioner has also brought on record the order no. C-09 dated 30.06.2017 by which he has been again transferred from Fatehpur to Kushi Nagar. It is submitted by learned counsel for the petitioner that while working as District Social Welfare Officer at Gazipur, the petitioner was transferred vide order no.698-704 dated 31.05.2017 from Gajipur to Baliya. However, on the request of petitioner he has been transferred from Baliya to Kushi Nagar on 21.06.2017. Pursuant to the order no. C-1138 dated 21.06.2017 the petitioner has joined at Kushi Nagar on 03.07.2017 and charge of District Social Welfare Officer was handed over to the petitioner on 05.07.2017.
It is submitted that without noticing this fact vide order no. C-1234 dated 30.06.2017 the petitioner was transferred from Kushi Nagar to Fatehpur whereas by the another order no. C-1244 of the same date i.e. 30.06.2017 respondent no.4 has been transferred from Fatehpur to Kushi Nagar. Vide order no. C-1244 dated 30.06.2017 the petitioner has been transferred from Fatehpur to Kushi Nagar vide order no. C-1243 dated 30.06.2017. Respondent no.4 has been transferred by order no. C-09 dated 30.06.2017 from Kushi Nagar to Fatehpur. This order no. C-09 dated 30.06.2017 has been communicated to the petitioner as well as respondent no.4 only on 27.07.2017. It is contended by learned counsel for the petitioner that once the petitioner was transferred on his request from Baliya to Kushi Nagar only on 21.06.2017, this transfer order no. C-1138 could not be disturbed. It is further contended that the respondent no.2 without noticing the earlier transfers has been transferring the petitioner as well as respondent no.4 time and again and it is a case of frequent transfer. Which have been passed only with a view to harass the petitioner. Sri Parekh who appears for the respondent no.4 submit that he is also challenging the transfer order no. C-09 dated 30.06.2017 by which he has been transferred from Kushinagar to Fatehpur and this case may be taken up on 3rd August.
As prayed, put up on 03.08.2017 as fresh.
Till the next date of listing status quo with regard to the working shall be maintained by the parties as on date.
On the next date of listing alongwith Sri Rahul Agarwal name of Sri C. K. Parikh be also shown in the cause list as counsel for the respondent.
Order Date :- 28.7.2017
Swati
