Court No. - 36
Case :- WRIT - A No. - 9080 of 2019 Petitioner :- Smt. Rukhsana Respondent :- District Magistrate, Meerut And 3 Others Counsel for Petitioner :- Ayub Khan Counsel for Respondent :- C.S.C.,Shivam Yadav
Hon'ble Mrs. Sunita Agarwal,J.
The petitioner herein is Pradhan of the village Khanpur Bangar, Vikas Khand Parikshitgarh, Tehsil Mawana, District-Meerut.
The first prayer in the writ petition is to issue a mandamus commanding the respondents to consider the application of the petitioner for transfer of the respondent no.4 to anywhere else, who is working as Headmistress in primary institution, Khanpur Bangar, Vikas Khand Mawana, District-Meerut. The facts narrated in the writ petition are that the petitioner being sitting Gram Pradhan is running mid-day meal scheme for the last 8 years and there has been no complaint against her by anyone. Submission is that the respondent no.4, presently posted as Headmistress, is demanding illegal gratification/commission of 35% as per Mid-day meal scheme and when it was refused, the respondent no.4 had misbehaved with the petitioner. The complaint had been lodged by the petitioner before the District Basic Education Officer on 13.6.2018 requiring him to take action against the respondent no.4 and for her transfer to any other primary institution but no action has been taken as yet, rather a show cause notice dated 5.10.2018 had been served upon the petitioner.
A perusal of the show cause notice dated 5.10.2018 indicates that the same was issued by the District Panchayat Raj Officer, Meerut seeking explanation of the petitioner for her act of stopping mid-day meal to the primary institution concerned. The petitioner stated to have approached the District Magistrate, Meerut seeking revocation/ratification of the show cause notice, but it is not stated in the writ petition as to whether the petitioner had submitted any reply to the show cause notice dated 5.10.2018 and enquiry in this regard had been completed by the District Panchayat Raj Officer, Meerut.
There can be no dispute to the fact that the petitioner being sitting Gram Pradhan is under an obligation to provide mid-day meal to the institution concerned. It is further noteworthy that the petitioner had not filed any complaint of the alleged misbehaviour by the respondent no.4, apart from writing a letter to the District Basic Education Officer.
It is not the case of the petitioner that she had continued to provide mid-day meal to the institution concerned and there had been any mis-appropriation of the same on the part of respondent no.4. The allegations made in the writ petition are thus, found misconceived. It appears that the petitioner is seeking transfer of the respondent no.4 from the institution-in- question on account of some personal rivalry.
The writ petition is, accordingly, dismissed with the cost of Rs.1000/- which shall be deposited by the petitioner before to the Registrar General, Allahabad High Court within a period of four weeks from today. The cost so deposited shall be remitted in the account of the High Court Legal Services Authority, High Court, Allahabad.
Order Date :- 29.5.2019 Harshita