1.Learned counsel for the petitioner states that the petitioner is serving as an employee of Council of Science and Technology, Uttar Pradesh, Lucknow, on Class IV post and has been subjected to mala fide actions of respondent no.5. Petitioner has been at the receiving end of the tirade of malicious acts of respondent no.5 and, therefore, he had to approach this court earlier by way of filing Civil Writ Petition No.3351(SS) of 2010 and 1868(SS) of 2010.
2.This court came to the rescue of the petitioner to shield him from the mala fide acts of respondent no.5, who is in dominant position.
3.It has been pleaded that under impugned order dated 09.8.2012, Annexure-15, respondent no.5 has passed order for transfer of the petitioner to Biotech Networking Facility Centre, Bakshi Ka Talab. It has been stated that the premise has been given to private concerns and there is no activity of the Council of Science and Technology being carried out in that Facility Centre.
4.Learned counsel for the petitioner has further pointed out that the very language of order, dated 09.8.2012, Annexure-15, makes it evident that it is in mala fide exercise of powers that the petitioner has been posted at Bakshi Ka Talab, insomuch as the order specifies that the petitioner shall get himself marked present at 09.30 A.M. and 6.00 P.M. every day. The transfer order does not ordinarily carry such stipulations.
5.Shri Ajit Kumar, Advocate has put in appearance for respondent nos.2 to 4 and has tried to defend the action of respondent no.5, although the counsel does not represent respondent no.5 and the petition is based on allegations of mala fides against respondent no.5.
6.Let counter affidavit be filed.
7.This Court further directs the Secretary, Council of Science and Technology, Uttar Pradesh, Lucknow, to take note of order passed by this court in Civil Wrirt Petition No.1868 of 2010(SS), Ram Chander v. State of U.P., dated 10.5.2010 appended with the petition as Annexure-9 and order dated 25.5.2010 passed in Civil Writ Petition No.3351 of 2010(SS), Annexure-11, wherein observations of serious nature have been made against the employer of the petitioner.
8.The said officer viz. the Secretary, Council of Science and Technology, Uttar Pradesh, Lucknow, is further directed to ensure that the petitioner is not victimised any more and is given posting in the Head Office, where the petitioner was earlier serving.
9.With the above stipulations, operation of order, Annexure-15, is hereby stayed.
10.Let notice be issued to respondent no.5, returnable in six weeks.
Order Date :- 4.9.2012 A.Nigam