Court No. - 19
Case :- WRIT - A No. - 8069 of 2018 Petitioner :- Amit Kumar Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Prahlad Singh Counsel for Respondent :- C.S.C.,Pankaj Kumar Singh,Sudhanshu Pratap Singh Hon'ble Manoj Kumar Gupta,J.
This petition has been placed before this Court on basis of the nomination made by Hon'ble the Chief Justice by order dated 19.4.2018.
Heard counsel for the parties.
The petitioner claims that he was earlier working as officiating headmaster, but he resigned from the said post and now he is working as a teacher in Sonkali Saraswati Junior High School, Mehra, district Kanpur Dehat. It is a recognised institution under the U.P. Basic Education Act. The prayer made in the instant petition is for issuance of a mandamus commanding respondent no.3, District Basic Education Officer to transfer the petitioner from the present institution to some other institution and for a mandamus directing the respondents to hold an enquiry into the alleged irregularities/corruption by respondent no.4, Manager of the institution.
On being asked from learned counsel for the petitioner as to under which provision, the petitioner is seeking transfer from one institution to another, he is unable to place any provision in that regard before this Court.
However, counsel for the District Basic Education Officer submitted that there is a provision for transfer under a Government Order, but for that, specific request has to be made by the petitioner and he has to seek no-objection from the institution where he is seeking transfer. It is urged that since no such steps have been undertaken by the petitioner and, therefore, his request for transfer could not be considered. He further submitted that as regards the alleged irregularities on part of respondent no.4, an enquiry is already being conducted by the third respondent.
Learned counsel for the fourth respondent has made statement that the fourth respondent has already replied to show cause notice issued to him on basis of certain enquiry conducted by Khand Shiksha Adhikari.
Having regard to these facts, the instant petition is disposed of by providing that the enquiry, which is already under way, be concluded expeditiously. In respect of the prayer for transfer, it shall be open to the petitioner to file proper application in that regard in accordance with law.
(Manoj Kumar Gupta, J) Order Date :- 24.4.2018 SL