Court No. - 6
Case :- WRIT - A No. - 3259 of 2019 Petitioner :- Rajsen Srivastava Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prabhakar Awasthi,Deepak Kumar Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard Sri Prabhakar Awasthi, learned counsel for the petitioner and Sri S.K. Dubey, the learned Additional Chief Standing Counsel for the State-respondents.
This petition impugns an order in terms of which the petitioner who was working as the Senior Assistant in the office of the Basic Education Officer, Fatehpur has been transferred to Banda. The order of transfer is assailed on the ground of malafides with the petitioner contending that the same has been effected on account of a complaint made by a local M.L.A. The petitioner further asserts that with respect to the same complaint his explanation had been sought and was duly submitted and consequently there was no occasion for the petitioner being transferred from the office of the Basic Education Officer. The record however indicates that pursuant to the material which was initially gathered at the level of the office of the Director, the State Government by an order dated 18 January 2019 has constituted a committee to enquire into the allegations, which have been levelled against the petitioner. It is worthy to note that apart from an issue being raised with respect to the initial appointment of the petitioner and his brother in the same department on compassionate grounds, the further issue which is sought to be enquired into relates to various appointments which were made while the petitioner was posted in the office of the Basic Education Officer at Fatehpur. In this connection an enquiry has also been initiated against other officials.
Viewed in that backdrop and coupled with the fact that the petitioner has remained posted at Fatehpur right from 2014, the Court finds no ground to interfere with the order of transfer. This, more so, since it would ultimately be in the larger interest that a fair and impartial enquiry is conducted in respect of the wrong doings which have prima facie come to light.
Writ petition consequently fails and is dismissed.
Order Date :- 28.2.2019 Arun K. Singh (Yashwant Varma, J.)