Court No. - 32
Case :- SPECIAL APPEAL No. - 1049 of 2019 Appellant :- Himanshu Shekhar Tripathi Respondent :- State Of U.P. And Another Counsel for Appellant :- Ram Vishal Mishra,Bala Nath Mishra Counsel for Respondent :- C.S.C.,Rajesh Kumar Yadav
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
This special appeal has been filed against the judgment and order dated 16.9.2019 passed by learned Single Judge in Writ A No.14043 of 2019 (Himanshu Shekhar Tripathi vs. State of U.P. and others) whereby the learned Single Judge has dismissed the said writ petition.
Heard Shri Rakesh Pandey, learned Senior Advocate assisted by Shri R.V. Mishra, learned counsel for the appellant, Shri Rajesh Kumar Yadav, learned counsel for the respondents and perused the record.
A perusal of the record shows that the appellant had filed a Writ A No.14043 of 2019 against the transfer order dated 4.9.2019 whereby the appellant who was posted as Deputy Director (Administration/Marketing) Mandi Parishad, Varanasi has been transferred to Mandi Parishad Headquarter at Lucknow.
The submission of learned counsel for the appellant is that some departmental inquiry had been initiated against him pursuant to preliminary inquiry report, as such, the consequential transfer of the appellant to Lucknow itself cast stigma on the appellant.
Learned counsel for the appellant has also stated that Additional Director Administration has sent a letter dated 2.9.2018 to the Deputy Director (Administration/Marketing) which was forwarded to the Press for releasing the fact that departmental inquiry had been initiated against the appellant and he has been transferred.
We do not find any substance in the submission made by learned counsel for the appellant that transfer order cast any stigma as it neither refers to the departmental inquiry nor about any complaint alleged to be made against him. The transfer is an exigency of the service. It has been passed on administrative grounds. It has not been disputed that the post of the appellant is transferable.
The special appeal being devoid of merit and, is accordingly, dismissed.
At last, learned counsel for the appellant prayed that he be granted liberty to file representation before the concerned authorities for ventilating his grievances.
It is open for him to make representation provided he joins service at Lucknow where he has been transferred.
Order Date :- 27.9.2019 Rishabh