Heard Sri B.P. Nigam, learned counsel for the petitioner. Notices for the opposite parties have been accepted by the office of learned CSC.
By means of this petition, the petitioner has assailed transfer order dated 12.7.2019 passed by opposite party no.3 whereby the petitioner has been transferred from Tehsil Shahabad to Tehsil Bilgram.
Learned counsel for the petitioner has drawn attention of this Court towards office memo dated 6.7.2019 issued by the Tesildar, Shahabad pursuant to the direction being issued by the Sub Divisional Magistrate, Shahabad changing the work area of various Lekhpals and the name of the petitioner finds place at serial no.17 whereby the work area of the petitioner has been changed from Veerampur to Majhila. As per learned counsel for the petitioner, the petitioner has immediately submitted his joining at Majhila. Therefore, submission of learned counsel for the petitioner is that by means of order dated 6.7.2019, the work area of the petitioner was shifted, then there was no occasion to transfer the petitioner within six days from Tehsil Shahabad to Tehsil Bilgram.
It has been noted that vide order dated 6.7.2019 issued by the Tehsildar, Shahabad, the work area of the petitioner has been changed but vide order dated 12.7.2019 passed by the Additional District Magistrate (F & R), Hardoi, the petitioner has been transferred from one Tehsil to another Tehsil. This is well within the domain of the authority concerned to transfer the Lekhpal from one Tehsil to another Tehsil and being a Government servant, the Lekhpal concerned should submit his joining. However, learned counsel for the petitioner has submitted that he may demonstrate the reasons that the petitioner should not be transferred from one Tehsil to another Tehsil but this Court is not inclined to interfere with the transfer order and if the petitioner has got any grievance out of the transfer order, he may prefer a representation to the competent authority ventilating his grievance.
Accordingly, without interfering the transfer order dated 12.7.2019 and also without entering into merits of the issue, this writ petition is disposed of finally at the admission stage, however, permitting the petitioner to prefer a fresh representation to the District Magistrate, Hardoi taking all pleas and grounds, which are available to him, within a period of ten days from today and if such representation is preferred by the petitioner impugning the transfer order dated 12.7.2019, the same shall be considered and decided by the authority concerned, strictly in accordance with law, as per transfer policy and by speaking and reasoned order, with expedition, preferably within a period of six weeks from the date of receipt of the representation and decision thereof be intimated to the petitioner forthwith.
Order Date :- 26.7.2019 RBS/-
[Rajesh Singh Chauhan,J.]