This petition seeks issuance of a writ, order or direction in the natureof certiorari to quash the impugned order dated 12.6.2020 passed by Sub-Divisional Magistrate, Nawabganj, District Barabanki.
Learned counsel for the petitioner submits that the impugned transfer order passed in circular dated 12.5.2020 with regard to transfer policy of the Government officers and employees in which it has clearly been mentioned that due to COVID-19 the present transfer session 2020-21 has been stopped till further order. The petitioner was transfer from Renduwapalhari to Sheikhmau is illegal, arbitrary and without taking into consideration of the facts, as stated above. It is further submitted that while passing the impugned order the opposite party has not considered the fact that the mother of the petitioner is ill and her treatment is going on in Gomti Hospital and Research Centre Private Limited.
Counter affidavit on behalf of the State was filed on 24.8.2020 but the same is not on record. Counter affidavit has been supplied by learned Standing Counsel, which is taken on record.
Learned Standing Counsel vehemently opposed the submission of learned counsel for the petitioner and submits that the Halka of the petitioner was changed in pursuance of the impugned order due to initiation of Departmental Enquiry against him. He further submitted that it is wrong to say that the impugned order is passed in contradiction of any Government Order issued by Government of U.P. regarding the transfer of the officers and employees of the State of U.P. He further submitted that there is no illegality in the impugned order and the same is passed after considering the entirety of the matter. It is further argued that if the Halka of the petitioner was not changed there was all possibility that he would adversely affect the enquiry proceeding. It is also found that petitioner had took the charge of new Halka.
The petitioner was working as Lekhpal of Renduwapalhari area which includes three villages Nergismau, Moradabad and Muzaffarmau. As per the guideline of the Circular dated 20.3.2020 petitioner was expected to ensure availability at his work place to deal with the Pandemic situation but he was absent from his work place and in this regard repeated complaints were received. Departmental enquiry was initiated against the petitioner on 27.4.2020 and in order to ensure a fair and partial enquiry, the petitioner was shifted from one Halka to another.
I have perused the impugned order dated 12.6.2020 according to which his Halka was changed, I do not find any illegality in the impugned order as the transfer or change of posting of any employee for administrative reason is prerogaative of employer/ State. The Court generally should not interfere in the transfer orders, which is passed in the exigency of the administration.
In view of the above, I do not find any merit in this petition and is, accordingly, dismissed.
Order Date :- 27.1.2021 Abhishek Singh