Court No. - 16
Case :- WRIT - A No. - 27640 of 2018 Petitioner :- Ashok Kumar Sharma Respondent :- State Of U.P. And Another Counsel for Petitioner :- Sujit Kumar Rai Counsel for Respondent :- C.S.C.,Ratnesh Kumar Singh
Hon'ble Mrs. Sangeeta Chandra,J.
Heard the learned counsel for the petitioner and the learned standing counsel who appears on behalf of all the respondents.
The petitioner is aggrieved by the order passed by the respondent no. 2 by which the petitioner has been transferred from Kisan Sewa Sahkari Samiti Limited, Kiratpur to Kisan Sewa Sahkari Samiti Limited, Akbarabad and thereafter attached.
It has been submitted that the order impugned has been passed ignoring the Circular issued by the Commissioner and Registrar, Cooperative, U.P., Lucknow dated 5.11.2018 wherein the Registrar has deprecated the practice of midterm transfer and has required that in case such transfers are indeed necessary prior approval may be given from the Deputy Commissioner and the Deputy Registrar of the Division concerned.
The impugned order is set aside. The writ petition is partly allowed.
The respondent no. 2 however is at liberty to first take prior approval of the Deputy Commissioner and Deputy Registrar, Cooperative of the Division concerned and pass appropriate orders of transfer if at all necessary.
Order Date :- 21.12.2018 Arif