Allahabad High Court
Hridesh Kumar vs State Of U.P. And 3 Others on 2 August, 2022
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 33 Case :- WRIT - A No. - 11202 of 2022 Petitioner :- Hridesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajnesh Kumar Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J.
(1) Heard the learned counsel for the parties and perused the record.
(2) This petition has been filed by the petitioner for the following main prayer:-
"(i) Issue a writ, order or direction in the nature of Certiorari quashing the impugned Transfer order dated 15.07.2022 issued by the Respondent no.2, whereby transferring the petitioner on Administrative ground from the office of the Respondent no.4-Settlement Officer of Consolidation, District Auraiya, to Settlement Officer of Consolidation, Lalitpur."
(3) It is the case of the petitioner that one Hridesh Kumar son of Sahdev was negligent in the performance of his duty and remained continuously absent. When the office of the Respondent no.2 declared the list of Consolidation of Lekhpal, who were found mostly absent. A list was prepared in the office of the Settlement Officer, Consolidation, District Auraiya but the Computer Operator mistakenly mentioned the name of the petitioner Hridesh Kumar son of Ram Vilash and not the other Hridesh Kumar son of Sahdev who was negligent in performing his duty. Without noticing such typographical error a letter was signed sent from the office of the Settlement Officer, Consolidation to the Respondent no.2 and consequential order impugned had been passed.
(4) It has been submitted by the learned counsel for the petitioner that there is no complaint against the petitioner and he is working dutifully in his office. The petitioner's father is old and suffering from the paralysis and the petitioner is the only son to look after him. Now he has been transferred 250 Kilometers away from his house on Administrative ground for no fault of him.
(5) This petition is finally disposed of with a direction to the petitioner to file a Representation within a week from today to the Respondent no.2-Consolidation Commissioner, U.P., Lucknow. The Respondent no.2 shall call for a report from the office of Settlement Officer, Consolidation, with regard to the letter only there is actually any technical error in the recommendatory letter sent by him and then pass appropriate reasoned and speaking orders within a period of six weeks.
(6) For a period of Eight weeks or till the decision is taken by the Respondent no.2 on the Representation of the petitioner whichever is earlier, the impugned Transfer order shall remain stayed.
Order Date :- 2.8.2022 PAL