Union Of India And 4 Others vs Girijesh Kumar Gaur
2021 Latest Caselaw 4694 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- WRIT - A No. - 3314 of 2021
 

 
Petitioner :- Union Of India And 4 Others
 
Respondent :- Girijesh Kumar Gaur
 
Counsel for Petitioner :- Rajnish Kumar Rai
 
Counsel for Respondent :- Syed Mushfiq Ali
 

 
Hon'ble Manoj Misra,J.

Hon'ble Subhash Chandra Sharma,J.

The learned counsel for the petitioner submits that admittedly the respondent had been posted at Orai for the last nearly 5 years and was due for transfer. The respondent had requested for his transfer to Agra/Mathura on humanitarian ground but as there was no non-sensitive post available there, his request for transfer to that place was not accepted keeping in mind that he was undergoing C.B.I. prosecution and, therefore, he was transferred from Orai to Allahabad. It has been submitted that not only the transfer of the respondent was quashed but the entire order dated 30.09.2020 has been quashed which also related to other persons, without even calling for counter affidavit, on assumption that it is a punitive transfer.

The matter requires consideration.

Sri S.M. Ali has accepted notice on behalf of the respondents. He prays for and is allowed three weeks time to file counter-affidavit. Two weeks thereafter shall be for the petitioner to file rejoinder affidavit.

List on 12.05.2021.

Till the next of listing, the effect and operation of the judgment and order dated 01.12.2020 passed by the Central Administrative Tribunal in Original Application No.668 of 2020 shall remain stayed.

Order Date :- 25.3.2021

Ashok Gupta