Court No. - 38
Case :- WRIT - A No. - 11132 of 2019 Petitioner :- Bansraj Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manoj Kumar Singh,Swatantra Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is aggrieved by an order of transfer dated 28.6.2019 whereby he has been sent from Prayagraj to Chitrakoot. The order of transfer is assailed on the ground that the authorities have not correctly applied their mind inasmuch petitioner was transferred from Allahabad to Kaushambi in the year 2018 and he has already joined there and is working since then.
Submission is that while passing the order impugned dated 28.6.2019, authorities have not correctly noted the petitioner's present place of working and the order of transfer, so far as it relates to the present petitioner, completely suffers from non application of mind.
Learned Standing Counsel submits that the grievance of the petitioner would be examined by the respondent no. 2, in accordance with law, at the first instance.
In the facts and circumstances, noticed above, this writ petition stands disposed of, permitting the petitioner to represent his grievance before the authority concerned against the order of transfer dated 28.6.2019 alongwith certified copy of this order within a period of two weeks from today. Petitioner shall be at liberty to annex all materials in support of his claim. The authority concerned shall examine the petitioner's grievance, in accordance with law, and pass an appropriate order within a period of two months thereafter.
For a period of two months or till a fresh order is passed in terms of the aforesaid direction, petitioner would be allowed to continue at his present place of working at Kaushambi. Petitioner’s further continuance shall remain subject to the fresh order to be passed by the Director.
Order Date :- 26.7.2019 n.u.