By means of the petition, the petitioner is challenging the order dated 31.7.2012 by which he has been transferred from Rampur to Sultanpur. The petitioner was working as Assistant Accountant at Vikas Khand Vilashpur, Rampur.
The contention of the petitioner is that some of the Gram Pradhans filed complaint dated 22.5.2011 against the petitioner before the Commissioner, Gram Vikas Bibhag, U.P. Lucknow. The said letter is Annexure-1 to the writ petition. In pursuance of the said letter, an inquiry was made and nothing adverse has been found and now on the change of Government again the same Gram Pradhan filed a complaint dated 23.6.2012 to the Minister. The copy of the complaint is at page 31 of the writ petition. In the complaint, same allegation has been made which has been made in the earlier complaint. On the said complaint, the Minister on the same day asked the Commissioner, Gram Vikas Bibhag, U.P. Lucknow to make an inquiry and transfer the said employee outside the region. In pursuance of the said direction, the petitioner has been asked to file the reply to the complaint. The petitioner filed the reply on 31.7.2012 which is Annexure-6 to the writ petition. The inquiry is still pending and has not yet been concluded still on 31.7.2012 the petitioner has been transferred from Rampur to Sultanpur. The contention of the petitioner is that the transfer has been made at the behest of the Minister.
On the facts and circumstances, there appears to be substance in the argument of learned counsel for the petitioner.
Learned Standing Counsel may file counter affidavit within 10 days. Rejoinder affidavit may be filed within two weeks.
List thereafter before the appropriate Bench.
Until further order, the operation of the transfer order dated 31.7.2012 transferring the petitioner from Rampur to Sultanpur shall remain stayed.
Order Date :- 29.8.2012 OP