Court No. - 6
Case :- WRIT - A No. - 10217 of 2021 Petitioner :- Raj Karan Verma Respondent :- U.P. Pollution Control Board And 3 Others Counsel for Petitioner :- Rajiv Lochan Pandey,Virendra Singh Counsel for Respondent :- C.S.C.,Hari Nath Tripathi
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State and Sri H.N. Tripathi, learned counsel appearing on behalf of respondent no. 3.
The present petition has been filed challenging the transfer order dated 15.7.2021, passed by respondent no. 2, transferring the petitioner from District Banda to District Sonbhadra.
The contention of counsel for the petitioner is that although the transfer order indicates the ground of transfer as administrative exigency, however, the order of transfer has been passed as a penal measure. He has drawn my attention to the letter dated 02.07.2021, written by the Chief Environment Officer, calling upon explanation with regard to alleged misconduct and incident related to the petitioner and one Madhvi Kamalvanshi.
It is stated that in the said letter dated 02.07.2021, a report was called, however, before the report could be submitted, the transfer order was passed on 15.7.2021 which clearly demonstrates that in the garb of administrative exigency, the order has been passed as a punishment.
Further contention of counsel for the petitioner is that in terms of letter dated 02.07.2021, a detailed report has already been submitted on 28.7.2021, which makes it clear that the allegations against the petitioner were without any basis, however, prior to the passing of the said report, the transfer order has been passed. It is further argued that a representation to that effect for recall of the transfer has already been filed at the instance of the wife of the petitioner which is pending consideration.
Considering the subsequent report dated 28.7.2021, the petition is disposed off with direction that the petitioner shall be at liberty to file fresh representation seeking recall of his transfer in the light of investigation report dated 28.7.2021. The said representation shall be filed within two weeks before the Chief Paryavaran Officer (Administration), U.P. Pollution Control Board, Lucknow (respondent no. 2) who shall pass fresh orders on the said representation taking into consideration of the report dated 28.7.2021 within three weeks of the filing of the said representation. The fresh orders, so passed, will over ride the order dated 15.7.2021 and till the fresh decision is taken, the order dated 15.7.2021 shall not be given effect to.
The petition is disposed off in terms of the said order. Copy of the order downloaded from the website of Allahabad High Court shall be accepted/treated as certified copy of the order.
Order Date :- 19.8.2021 Puspendra