Court No. - 58
Case :- WRIT - A No. - 18408 of 2018 Petitioner :- Om Prakash Tiwari And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- R.K. Singh. Rajput Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Pursuant to the order passed on the previous occasion, the District Magistrate, Kannauj has appeared personally before the Court and has also filed an affidavit. It is stated that relieving of Lekhpals was done at the level of the S.D.M. concerned and the fact that some of such persons were relieved earlier and other were relieved later was bonafide. It is also stated that all 27 persons, who are covered by the order of transfer, have now been relieved.
Learned counsel for the petitioners has placed before the Court a letter of the A.D.M. (F & R), Kannauj, as per which, the petitioners have also been relieved on 15.9.2018.
In such view of the matter, there appears to be no justification on part of the respondents to proceed with any coercive action against the petitioners. Petitioners, however, would join within 48 hours. Since transfer of petitioners is otherwise within the district and is not shown to be violative of any rules, nor allegation of malafide has been established, as such no interference is required with the order of transfer. In such circumstances, this Court is not inclined to interfere with the order of transfer, once the State is found to be acting uniformly in respect of all persons.
With the aforesaid observations, this petition is disposed off.
Order Date :- 19.9.2018 Ashok Kr.