Allahabad High Court
Shitala Prasad vs State Of U.P. And 4 Others on 18 July, 2023
Bench: Salil Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:142256
Court No. - 32
Case :- WRIT - A No. - 11432 of 2023
Petitioner :- Shitala Prasad
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Vishakha Pande
Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the petitioner.
The present petition has been filed challenging the order dated 30.06.2023 passed by the Regional Food Controller, Azamgarh Division, District Azamgarh.
The facts of the case are that the petitioner who was posted as Area Marketing Officer in Ballia was transferred to District Azamgarh by order dated 14.07.2021 passed by the office of Regional Food Controller, Azamgarh Division, District Azamgarh. By order dated 25.10.2021, the petitioner was attached in the office of the Regional Food Controller, Azamgarh Division, District Azamgarh. Subsequently, by order dated 22.11.2021 also passed by the Regional Food Controller, Azamgarh Division, District Azamgarh. The petitioner was attached in the office of District Food Supply Officer, Ballia till any further orders were passed by the competent authority. By order dated 30.06.2023, the order dated 22.11.2021 has been recalled and the petitioner has been asked to join his duties in Azamgarh in pursuance to the order dated 14.07.2021 initially passed by the Regional Food Controller, Azamgarh Division, District Azamgarh as noted earlier. The order dated 30.06.2023 has been challenged in the present petition.
The counsel for the petitioner has argued that the order dated 30.06.2023 is contrary to law and without jurisdiction as no orders could have been passed reviving transfer order passed two years earlier, in case, the same had not been implemented initially.
In support of his contention, the counsel for the petitioner has relied on the judgment and order dated 06.07.2016 passed by the Single Judge of this Court in Service Single No. 15148 of 2016.
I have considered the argument of the counsel for the petitioner and also the judgment and order dated 06.07.2016 referred by the counsel for the petitioner.
The petitioner was attached in the office of the Regional Food Controller, Azamgarh Division, District Azamgarh by virtue of the order dated 14.07.2021 read with order dated 25.10.2021. However, by order dated 22.11.2021, the petitioner was subsequently attached in the office of the District Food Supply Officer, Ballia. A perusal of the order dated 22.11.2021 would indicate that the said order has not been passed superseding the previous orders dated 14.07.2021 and 25.10.2021. A reading of the order dated 22.11.2021 would also show that the order dated 22.11.2021 was only temporary in nature till further orders to be passed by the Regional Food Controller, Azamgarh. It is also apparent from the order dated 22.11.2021 that on the said date, the petitioner had already joined in the office of Regional Food Controller, Azamgarh. The order dated 22.11.2021 recites the fact that the petitioner was being relieved from Azamgarh to join in the office of District Supply Officer, Ballia. The transfer order dated 14.07.2021 and the attachment order dated 25.10.2021 had already been acted upon.
In view of the aforesaid, the facts of the present case are different from the facts involved in Service Single No. 15148 of 2016 where transfer order had not been operated upon. As held earlier, the order dated 22.11.2021 was only a temporary arrangement as would be evident from the language of the said order.
For the aforesaid reasons, there is no illegality in the order dated 30.06.2023 recalling the order dated 22.11.2021 and asking the petitioner to join in compliance of the order dated 14.07.2021.
Apart from the aforesaid, any technical error in executive function does not raise any jurisdictional question for consideration by this Court under Article 226 of the Constitution of India.
The writ petition lacks merit and is, hereby, dismissed.
Order Date :- 18.7.2023
Vipasha
