Dipin Kumar vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 15165 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:33338
 
Court No. - 8
 

 
Case :- WRIT - A No. - 3520 of 2023
 

 
Petitioner :- Dipin Kumar
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Agriculture U.P. Civil Secrett. Lko. And 2 Others
 
Counsel for Petitioner :- Mohd. Ateeq Khan,Deepak Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard Shri Deepak Singh, learned counsel for petitioner and Shri Ram Pratap Singh, learned Additional Chief Standing Counsel appearing for the State-respondents.

2. The present petition under Article 226 of the Constitution of India has been filed seeking quashing of the order dated 08.04.2023, whereby the petitioner has been transferred from his present place of posting i.e. District-Bulandsahar to District-Lucknow on the ground of administrative exigency.

3. The petitioner was initially appointed on the post of Sub Divisional Agriculture Extension Officer, Agra in the year 1997. Thereafter, he was promoted to the post of Deputy Director, Agriculture on 31.12.2020.

4. The petitioner was facing a departmental proceeding and was placed under suspension vide order dated 29.12.2022.

5. This Court vide order dated 27.01.2023 passed in Writ A No.452 of 2023 had stayed the operation of the suspension order dated 29.12.2022. Thereafter, this Court vide judgment and order dated 19.04.2023 finally disposed of the said writ petition making interim order regarding suspension absolute with direction to opposite parties to finalize the departmental proceedings preferably within a period of three months from the date of the said order, subject to cooperation by the petitioner.

6. When the transfer and postings are the subject matter, which are best dealt by the administration itself, the Court should be slow in interfering with the administrative matters unless the transfer is against the service rules or is malafide.

7. In the present case, the petitioner is facing departmental proceedings and his suspension order has been set aside, it would be in the interest of administration to keep the petitioner a little away from his present place of posting to conclude the departmental proceedings in a fair, just and proper manner.

8. I therefore, do not find any substance in the present petition and no ground to interfere with the impugned transfer order dated 08.04.2023.

9. In view thereof, the present petition is hereby dismissed.

(Dinesh Kumar Singh, J.)

Order Date :- 15.5.2023

Piyush/-