Court No. - 6
Case :- WRIT - A No. - 8245 of 2021 Petitioner :- Azwar Jamal Farooqui Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Sankalp Narain,Hritudhwaj Pratap Sahi Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the parties. Instruction filed today, is taken on record.
The present writ petition has been filed challenging the transfer order dated 28.6.2021 whereby the petitioner was transferred from Maharajganj to Siddharth Nagar.
A perusal of the transfer order reveals that a complaint has been received from the Chief Medical Officer, Maharajganj through his letter dated 15.6.2021 to the effect that the petitioner is not performing his duties in a proper manner and, thus, on those grounds, the transfer was recommended.
This Court, vide order dated 26.7.2021, had passed the following order:
"Supplementary affidavit filed today is taken on record.
Order of transfer dated 28.06.2021 is assailed on the ground that the letter of Chief Medical Officer, Maharajganj, dated 15.06.2021, which is made the basis for petitioner's transfer has actually never been sent by him. Submission is that even otherwise the order of transfer is punitive in nature and is not passed on any administrative exigency.
Learned Standing Counsel may obtain instructions in the matter, by the next date fixed.
Put up as fresh on 12.08.2021. Till then, no coercive action would be taken against the petitioner."
Today when the matter is taken up the Standing Counsel, on instructions, states that the letter dated 15.6.2021, referred to in the transfer order, has not been written by the Chief Medical Officer, Maharajganj.
In view of the fact that the very foundation of the transfer order has vanished and further the transfer order on the face of it is punitive in nature, the transfer order dated 28.6.2021 deserves to be set aside and is, accordingly, set aside. The consequential order dated 02.07.2021 shall also stand quashed.
The writ petition is allowed in terms of the said order.
Copy of the order downloaded from the official website of this Court shall be treated as certified copy of this order.
Order Date :- 12.8.2021 Puspendra