Allahabad High Court
Mohd.Abid Ajmal Khan vs State Of U.P.Through Principal ... on 3 August, 2010
Author: Shabihul Hasnain
Bench: Shabihul Hasnain
Court No. - 6 Case :- SERVICE SINGLE No. - 5375 of 2010 Petitioner :- Mohd.Abid Ajmal Khan Respondent :- State Of U.P.Through Principal Dept.Urban And Rural Planning Petitioner Counsel :- S.P.Dwivedi Respondent Counsel :- C.S.C. Hon'ble Shabihul Hasnain,J.
Heard Sri S.P.Dwivedi, learned counsel for the petitioner and Sri Jai Shankar Mishra, learned Standing counsel for the opposite parties.
The transfer order dated 21.7.2010 has been challenged firstly on the ground that it has been passed on the dictates of the State Government as is evident from the transfer order itself. Secondly, the order has been passed at the behest of the District Vice President of B.S.P., Sri Jiya Lal Tyagi, who has written a letter to the District Magistrate, Sultanpur for transferring the petitioner. He is interested that the illegal constructions may not be demolished. The petitioner counsel says that the petitioner has prepared a list of the persons having illegal constructions to be demolished in pursuance of the High Court's orders dated 23.12.2009 passed in writ petition No.11963 of 2009. The opposite parties instead of supporting the petitioner for his courageous actions, have transferred him on the dictates of the District Vice President of the ruling party. The petitioner has drawn the attention of this Court towards Annexure-2 where the prescribed authority, S.D.M., Sadar, Sultanpur has given him excellent entry as contained in Annexure-2. Normally, this Court does not interfere in the matter of transfer but this is a case where prima facie an officer is being transferred, who is trying to follow the orders and remove encroachments in the larger interest of public.
Let learned Standing counsel produce the record before the Court on 9.8.2010. The case will come up on the said date as fresh.
Since the Court has taken cognizance of the matter, it is expected that the opposite parties will maintain status-quo till then.
Order Date :- 3.8.2010 RKM.