Court No. - 34
Case :- WRIT - A No. - 18125 of 2013 Petitioner :- Dr.Kalu Ram Tomar Respondent :- State Of U.P. & Ors.
Counsel for Petitioner :- Santosh Kumar Yadav,Ashok Khare Counsel for Respondent :- C.S.C.,Yogendra Misra Hon'ble Sudhir Agarwal,J. Hon'ble Neeraj Tiwari,J.
1. Heard Sri Ashok Khare, learned Senior Advocate, assisted by Sri Santosh Kumar Yadav, learned counsel for petitioner and learned Standing Counsel for respondents.
2. Writ petition is directed against order of transfer dated 27.02.2013 whereby petitioner was transferred from Mawana, District Meerut to Jaswant Nagar, Etawah and in his place one Dr. Munna Lal Yadav was transferred to Mawana.
3. Learned Senior Advocate appearing for petitioner contended that said order of transfer has been passed on political consideration, i.e., on recommendation made by Sri Raj Kumar alias Raju Yadav, Member of Legislative Assembly from 107 Legislative Assembly, Mainpuri. Copy of recommendation letter is placed on record on page 19 of paper book which is dated 26.11.2012.
4. When the writ petition was entertained on 15.04.2013 this Court stayed transfer order dated 27.02.2013 and since then stay order is continuing. Now more than five years have already passed and learned Senior Advocate appearing for petitioner could not dispute that petitioner cannot insist to stay at one place for all times to come or for a very long time.
5. Looking to subsequent events and for the reason that five years have already passed, we dispose of this writ petition permitting Competent Authority to pass fresh order of transfer in respect of petitioner in accordance with law.
Order Date :- 30.4.2018 AK