Allahabad High Court
Upendra Bahadur Singh vs State Of U.P. Through Secy. Basic ... on 5 July, 2010
Author: Satyendra Singh Chauhan
Bench: Satyendra Singh Chauhan
Court No. - 22 Case :- SERVICE SINGLE No. - 4415 of 2010 Petitioner :- Upendra Bahadur Singh Respondent :- State Of U.P. Through Secy. Basic Education Lucknow And Ors. Petitioner Counsel :- Pankaj Kumar Tiwari Respondent Counsel :- C.S.C.,P.R.Kanaujia Hon'ble Satyendra Singh Chauhan,J.
Case called out in the revised list. Learned counsel for the BSA is not present.
Heard learned counsel for the petitioner.
Submission of learned counsel for the petitioner is that on the basis of mutual transfer, the petitioner was transferred to Primary School, Lalganj, Raebareli on 28.4.2010. The said order could not be given effect to on account of intervening facts and on account of the fact that the petitioner was deputed in the census operation. The petitioner thereafter presented himself for joining but he was not permitted and all of a sudden the impugned order dated 29.6.2010 has been passed by means of which opposite party no.4 has been transferred at the place of the petitioner. This shows malafide, arbitrary and negligent working of the BSA, who has passed this order without application of mind and accommodated opposite party no.4 with ulterior motive.
In these circumstances, the order dated 29.6.2010, contained in Annexure No.1 to the writ petition, shall remain stayed till the next date of listing.
Opposite party no.2 is directed to appear before this Court on 26th July, 2010 and shall also file his personal affidavit by the next date.
List on 26th July, 2010.
Order Date :- 5.7.2010 RBS/-