Allahabad High Court
Sunil Kumar Saxena vs State Of U.P. And Others on 13 July, 2010
Author: Shishir Kumar
Bench: Shishir Kumar
Court No. - 38 Case :- WRIT - A No. - 39917 of 2010 Petitioner :- Sunil Kumar Saxena Respondent :- State Of U.P. And Others Petitioner Counsel :- Vidya Bhushan Srivastava Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
petitioner is aggrieved by the order of transfer passed by the Chief Medical Officer. According to the petitioner the order of transfer is bad in view of the fact that it has been passed on the basis of the complaint as well as it has been stated that some inquiry is pending against the petitioner. According to the petitioner, the order of transfer cannot be passed by way of punishment. In such circumstances the order is bad and liable to be set aside.
I have considered the submissions of the petitioner and learned Standing Counsel. The order dated 15.04.2010 was passed mentioning therein regarding some complaint against the petitioner. Further it was modified by order dated 07.06.2008. It appears that some complaint was made and matter is investigated. In the meantime, petitioner has been transferred. From the record, it does not appear what is the nature of complaint.
In my opinion, it will be appropriate that a liberty is given to the petitoner to approach the Director Family Welfare and Planning Lucknow, i.e. respondent No.5 by making a representation annexing all the documents within two weeks and if such representation is filed the Director concerned is directed to consider the same according to law within a period of two months by a speaking and reasoned order.
The writ petition is disposed of accordingly.
No order as to costs.
It is provided that till the decision is taken by the competent authority, the order of transfer will be kept in abeyance.
Order Date :- 13.7.2010 Pr/-