Court No. - 58
Case :- WRIT - A No. - 7236 of 2018 Petitioner :- Bal Krishna Shukla Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Mani Shanker Pandey Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
Hon'ble Ashwani Kumar Mishra,J.
By the order impugned petitioner has been transferred from his present place of posting at Primary School Aruaon, Block Holagarh, Tehsil Soraon, District Allahabad to Primary Vidyalaya, Achloopur in the same Block and Tehsil. The order records that a first information report has been lodged against the petitioner that he had misbehaved with a Shiksha Mitra and in this regard investigation is pending.
Further observation is made that petitioner's salary withheld for the last five months, would be released after examining his leave application etc. The order is challenged on the ground that the same has been passed on account of malice inasmuch as illegal appointment was made which was objected by the petitioner.
Petition is opposed by Sri A.K. Yadav, learned counsel for the respondent. Sri Vivek Rai, learned Chief Standing Counsel has appeared for the State.
Although, learned counsel for the petitioner has made various arguments in order to contend that order is mala fide but none of the persons, against whom mala fide is alleged, is arrayed as party. Law is settled that in the absence of such persons being party before the writ court, allegations of mala fide cannot be examined. It is otherwise apparent that the petitioner holds a transferable post and he has been transferred within the block from one institution to another. Serious allegations have otherwise been made against the petitioner, which is pending investigation.
In such circumstances, no interference with the order of transfer is called for. Challenge made to the order therefore fails.
So far as non release of arrears of salary for the last five months is concerned, it would be appropriate to direct the District Basic Education Officer to take a decision upon application filed by the petitioner for grant of leave within two weeks from the date of presentation of certified copy of this order. The amount which is found due and payable to the petitioner, shall be released after a period of four weeks thereafter.
With the aforesaid observations, the writ petition stands disposed of.
Order Date :- 25.4.2018 AK Pandey