Court No. - 3
Case :- WRIT - A No. - 20285 of 2018 Petitioner :- Brajendra Kumar Tripathi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surendra Prasad Sharma Counsel for Respondent :- C.S.C.,Shiv Nath Singh
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the respondent no. 1 and Sri Krishna Agrawal, learned counsel appearing for respondent nos. 2 and 3.
By way of present writ petition, the petitioner is challenging the impugned transfer order dated 29.8.2018 passed by respondent no. 2 by which he has been transferred from Headquarter Kanpur to Meerut.
Learned counsel for the petitioner has submitted that the transfer order has been passed in violation of resolution dated 20.12.1973 of the Managing Committee and in violation of resolutions dated 12.4.2005 and 6.12.2017 of the Administrative Committee. Learned counsel for the petitioner further submitted that the petitioner cannot be transferred from Headquarter Kanpur to any other place in field. Apart from other grounds, he has submitted that the petitioner is suffering from kidney ailment, therefore, considering the medical condition, of the petitioner, the respondents may be directed to reconsider his transfer.
Sri Krishna Agrawal, learned counsel for the respondent nos. 2 and 3 has submitted that now Bye Laws 2009 is in force and according to it, Managing Director has full power to transfer the petitioner from Headquarter Kanpur to Meerut. He has invited the attention of the Court to the transfer order dated 6.7.2017 by which earlier the petitioner was transferred from Headquarter Kanpur to field. The petitioner challenged the said order before this Court and he has taken all those grounds which are taken here. This Court has not granted any interim relief in favour of the petitioner and only directed the petitioner to file a representation before the Managing Director. He further stated that the representation of the petitioner was rejected by the authorities of the Corporation and same was never challenged before this Court. Therefore, he is not entitled for any relief. He has further stated that earlier 1200 employees were working in the U.P. Industrial Cooperative Association Limited Kanpur Nagar but at present, there are only 40 employees are working in the said Corporation, therefore, it is not possible for the respondents to retain the petitioner at the Headquarter Kanpur.
Under such facts and legal position, no case for interference is made out with the transfer order dated 29.8.2018 passed by respondent no. 2.
Sri Krishna Agrawal, learned counsel appearing of the respondents states that in case, the petitioner submits a representation in this respect along with all details, the Managing Director of the Corporation shall have the same duly considered, scrutinized and pass appropriate orders thereon in accordance with law bearing in mind the nature of issues which stand raised in the petition and have been orally addressed by counsel for the petitioner. Sri Krishna Agrawal states that the Managing Director of the Corporation shall dispose of the representation of the petitioner within a period of three months from the date of its presentation.
In view of the statement recorded above, the writ petition shall stand disposed of on the above terms.
Order Date :- 20.9.2018 Rmk.