Court No. - 3
Case :- SPECIAL APPEAL No. - 326 of 2021 Appellant :- Om Prakash Gaur Respondent :- State Of U.P. And 4 Others Counsel for Appellant :- Amresh Kumar Tiwari,Sanjeev Kumar Tripathee Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioner - appellant and the learned standing counsel for the State - respondents.
This Special Appeal has been filed praying to set aside the order dated 28.09.2021 (Om Prakash Gaur Vs. State of U.P. and others) passed in Writ A No.11399 of 2021 and the impugned transfer order dated 15.07.2021, passed by the respondent no.3 whereby the petitioner has been transferred from Shamli at a distance of about 900 kms.
Heard learned counsels for the parties and with their consent, this writ petition is being finally decided without calling for the counter affidavit.
The petitioner - appellant was working as Lab Assistant under the Chief Medical Officer, Deoria. By the impugned order dated 15.07.2021, he has been transferred to the office of the Chief Medical Officer, Shamli, which according to the petitioner is more than 900 Kms. away from Deoria. Undisputedly, the petitioner is to retire from service on attaining the age of superannuation on 26.03.2022. Thus, about three months are now left in retirement of the petitioner from service. The impugned transfer order dated 15.07.2021 transferring the petitioner on administrative ground, has been passed by the respondent no.3 about six months before his attaining the age of superannuation.
Learned standing counsel has brought to our notice a letter of the District Magistrate dated 01.06.2021 addressed to the respondent no.3 wherein some negligence on the part of the appellant in discharge of his duties has been mentioned. As per transfer policy dated 29.06.2018, the employees of Group C post may be considered for posting in his home district if he is to retire within two years.
The learned Single Judge has passed the impugned order dated 28.09.2021 on the ground that the transfer policy is neither statutory nor justiciable and the transfer can be interfered only on the ground of malifide or violation of any rules or regulations. Submission of learned standing with reference to the aforesaid letter of District Magistrate dated 01.06.2021 indicates that petitioner was transferred on allegation of negligence in discharge of his duties which indicates the impugned transfer order as a part of punishment to the petitioner by transferring him from the present place of posting to Shamli i.e. at the distance of 900 kms. The petitioner has the right to be considered for place of posting at Deoria in terms of the aforesaid transfer policy dated 29.03.2018 inasmuch as merely about six months were left for his retirement from service. These important aspects of the matter has not been considered by the learned Single Judge while passing the impugned order.
Under the circumstances, the impugned order of the learned Single Judge dated 28.09.2021 can not be sustained and is hereby set aside.
Consequently, the impugned transfer order dated 15.07.2021, passed by the respondent no.3 can also not be sustained and is hereby quashed. The Writ A No.11399 of 2021 stands allowed.
The Special Appeal is disposed off. Order Date :- 23.12.2021/vkg