Court No. - 6
Case :- WRIT - A No. - 25249 of 2018 Petitioner :- Mohammad Aslam Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Syed Khursheed Anwar Alvi Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
This petition calls in question an order dated 12 October 2018 pursuant to which the petitioner has been transferred from Fatehpur to Kaushambi.
According to the learned counsel this order of transfer has been made on the basis of an anonymous complaint which was lodged against him. In his submission, the order of transfer is clearly punitive. Learned counsel in addition and in support of his above submission also relies upon a decision of the Supreme Court in Somesh Tiwari Vs. Union of India (2009) 2 SCC 592.
It is not disputed before the Court that the petitioner has remained posted at Fatehpur since 2000. It is therefore, admitted that for the last 17 years the petitioner has remained positioned at the same station. This would clearly fall foul of the transfer policy as framed by the State Government. The anonymous complaint which was made was also in respect of this very issue. The submission that the order impugned is punitive is clearly misconceived.
The writ petition lacks merit. It is accordingly dismissed with costs quantified at Rs. 5000/-.
Order Date :- 30.11.2018 faraz