Court No. - 6
Case :- WRIT - A No. - 26245 of 2018 Petitioner :- Reevan Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anoop Trivedi Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard Sri Anoop Trivedi learned counsel for the petitioner and the learned Standing Counsel.
This petition has challenged an order dated 28 November 2018 pursuant to which the petitioner was transferred from District Jail Moradabad to District Jail Gyanpur.
Bearing in mind the submissions advanced on the first date of the petitioner being a highly decorated officer and facing a grave and serious threat to his life if posted in the eastern part of the State, the Court had called upon the learned Standing Counsel to obtain instructions. Learned Standing Counsel has produced instructions which are taken on record and marked as 'X' for the purposes of identification.
From pargraph-3 of the instructions, it appears that the petitioner and the third respondent who was his immediate superior at District Jail Moradabad had an altercation in which it is alleged that the petitioner indulged in acts of gross indiscipline. It is with respect to this incident and the opinion formed by the third respondent that the continuance of the petitioner at District Jail Moradabad would be clearly deleterious to the security and discipline of the District Jail, that it was recommended that the petitioner be transferred.
From the instructions it further appears that when the matter reached the level of the State Government, on an overall consideration of the aforesaid facts, a decision was taken by it to transfer both the petitioner as well as the third respondent.
Sri Trivedi learned counsel has sought to assail the order of transfer alleging mala fide against the third respondent. However, from the pleadings taken in paragraph 28 to 30 and paragraph 54 which were specifically alluded to, the Court finds that the allegations as levelled against the third respondent do not establish a case of mala fide. The mere fact that official accommodation was not made available or that salary for certain days was stopped, does not convince this Court to enter any finding with regard to mala fides against the third respondent. The Court, however, deems it appropriate to notice the following additional submissions-
Sri Trivedi learned counsel, referring to the material placed on the record including various internal reports drawn up by the respondents themselves as well as the affidavit filed before the Supreme Court, has contended that a serious threat perception exists in case the petitioner is posted at Gyanpur and in the eastern part of the State. Referring specifically to the affidavit filed on behalf of the State before the Supreme Court, it was contended that the Government itself had conveyed to the Court that the transfer of the petitioner from Sobhadra to Moradabad was affected on account of security reasons.
These aspects would, in the considered view of the Court, merit consideration by the first respondent. Accordingly and while refusing to interfere with the order of transfer in exercise of powers conferred by Article 226 of the Constitution, this Court leaves it open to the petitioner to approach the first respondent and bring to his attention the relevant material on the basis of which he seeks modification of his posting at Gyanpur or any other place in the eastern part of the State. The Court further directs that in case such a representation is made, the same shall be duly attended to by the first respondent and disposed of in accordance with law and bearing in mind the issue of threat, as has been highlighted, in its proper perspective and take a decision in respect thereof within a month therefrom.
Present petition shall stand disposed of in the above terms.
Order Date :- 19.12.2018 faraz