Allahabad High Court
Heera Lal Singh Yadav vs The State Of U.P. Through The Principal ... on 8 July, 2010
Author: Shabihul Hasnain
Bench: Shabihul Hasnain
Court No. - 6 Case :- SERVICE SINGLE No. - 4514 of 2010 Petitioner :- Heera Lal Singh Yadav Respondent :- The State Of U.P. Through The Principal Secy.Rural Eng.& Ors Petitioner Counsel :- Madhumita Bose Respondent Counsel :- C.S.C. Hon'ble Shabihul Hasnain,J.
Heard Ms. Madhumita Bose, learned counsel for the petitioner and learned Standing counsel for the opposite parties.
Petitioner has challenged the transfer order mainly on the ground that in the transfer policy of 2010 this year has been declared as zero session for transfers. Transfers are permitted only in exceptional circumstances where there is administrative exigency and then the approval of the Chief Minister was required as per the policy. It has been brought to the notice of this Court the the petitioner is an office bearer of Diploma Engineer's Association and has just been elected. The petitioner is being transferred as a major punishment rather than on administrative exigencies.
Sri R. D. Sahi has stated that he will seek instructions but the Court feels that it will be proper that the record may be produced in this matter to enable this Court to find out as to what is the administrative exigency for transferring the petitioner.
List this case on 15.7.2010 as fresh on which date the records as observed above shall also be produced.
It is expected that since the Court has taken cognizance of the matter, the authorities shall take no coercive method against the petitioner till the next date of listing.
Order Date :- 8.7.2010 RKM.