The contention of the petitioner is that in pursuance of the transfer order dated 3.5.2012 passed by the Chief Conservator Forest Officer (Administration), U.P., Lucknow he has been transferred from Agra to Bareilly. The said order was made operative. In pursuance of the transfer order, the petitioner joined at Bareilly on 22.5.2012. The Deputy Forest Conservator Officer, Agra wrote a letter dated 31.5.2012 to the Forest Conservator, Bareilly that the petitioner has joined at Bareilly without being relieved from Agra. He requested that he may be relieved and only after his relieving from the Bareilly he may be allowed to join. Thereafter, by the order dated 17.6.2012 the petitioner has been suspended.
Learned counsel for the petitioner submitted that the suspension order is patently illegal. Once he has joined at Bareilly,the Deputy Forest Conservator Officer, Agra ceased to have jurisdiction to pass the suspension order.
Prima facie, there is substance.
Learned Standing Counsel may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks.
List in the week commencing 17.9.2012 before the appropriate Bench. It shall not be treated as tied up or part heard.
Till the next date of listing, the operation of the order dated 15/17.6.2012, Annexure-9 to the writ petition, shall remain stayed. However, it will be open to the authorities concerned to proceed for the inquiry in accordance to law.
Order Date :- 1.8.2012 OP