Allahabad High Court
Sanjeev Sinha vs State Of U.P. Through Its Principal ... on 11 August, 2010
Author: Shabihul Hasnain
Bench: Shabihul Hasnain
Court No. - 6 Case :- SERVICE SINGLE No. - 5620 of 2010 Petitioner :- Sanjeev Sinha Respondent :- State Of U.P. Through Its Principal Secy.Nagriya Rozgar Evam Petitioner Counsel :- Mohd.Mansoor Respondent Counsel :- C.S.C.,A.K.Chaturvedi Hon'ble Shabihul Hasnain,J.
Heard Sri Mohd. Mansoor, learned counsel for the petitioner and Sri Ashit Kumar Chaturvedi, learned counsel for the opposite party No.s 2 and 3, who has very promptly filed counter affidavit along with application for dismissal of the writ petition. Sri Mohd. Mansoor declines to file rejoinder affidavit.
Petitioner has made out a case that vide order dated 13.5.2010 on the basis of complaint, he was attached to DUDA, Raibareli. The writ petition was preferred against the said order bearing No.3912 (S/S) of 2010 in which this Court stayed his attachment with a detailed order on 10.6.2010. Now again the petitioner has been transferred vide order dated 30.7.2010 which has been impugned in this writ petition. The main argument of the petitioner is that this action is malafide and the opposite party No.4 is adversely inclined against the petitioner and it is on her behest that earlier he was attached and now he has being transferred.
In the counter affidavit all the allegations have been categorically denied. It is also stated in the counter affidavit that the opposite party No.4 is much lower in rank than the Director, who has made the transfer, as such, the allegations of bias can not be made out.
Be that as it may, the Court is not entering into the allegations of bias at the moment but this fact is clear that when vide order dated 10.6.2010 the attachment of the petitioner from Kanpur to Raibareli was stayed by this Court, it was expected that the executive will have some respect for the judicial order and such orders of transfer/attachment at least for the session have to be honoured. The allegation of the petitioner that the transfer has been made in order to circumvent the order of this Court, gathers weight.
For the reasons stated hereinabove, the order dated 30.7.2010 transferring the petitioner from Kanpur to Raibareli is hereby stayed till the end of the session. The opposite parties shall be at liberty to consider the case of the petitioner for transfer in the exigency of work.
With these observations and directions the petition is finally disposed of.
Order Date :- 11.8.2010 RKM.