Heard Sri Raj Kumar Singh, learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Abhinav Singh, holding brief of Sri Ratnesh Chandra, learned counsel for opposite parties no.2 to 5.
By means of this petition, the petitioner has assailed the order dated 25.12.2020 passed by Senior Centre In-Charge, Ayodhya Depot transferring the petitioner from Ayodhya Depot to Akbarpur Depot in compliance of the order dated 24.12.2020 passed by the disciplinary authority.
Learned counsel for the petitioner has submitted that law is settled that the transfer may not be treated as punitive as the disciplinary authority has passed the order dated 24.12.2020 by way of punishment, therefore, this transfer order is not sustainable in the eyes of law. The order dated 24.12.2020 has been enclosed as Annexure No.2 to the writ petition, which has been passed by the disciplinary/ appointing authority i.e. Assistant Regional Manager, Ayodhya Depot giving reference of one letter dated 21.12.2020 whereby transfer of the petitioner from Ayodhya Depot to Akbarpur Depot has been recommended.
Learned counsel for the opposite parties has shown copy of the letter dated 21.12.2020 whereby transfer of suspended employees has been made so as to meet the administrative exigency, the said order is taken on record.
Law is trite that transfer being exigency of service and if the appointing authority passes any order to meet out the administrative exigency, such transfer order should not be interfered, therefore, I do not find any infirmity or illegality in the transfer order dated 25.12.2020, which is contained in Annexure No.1 to the writ petition.
Learned counsel for the petitioner has drawn attention of this Court towards Annexure No.7 to the writ petition, which is an appeal preferred before the Regional Manager, U.P.S.R.T.C, Ayodhya Region, Ayodhya challenging the punishment order dated 24.12.2020 passed by the disciplinary authority i.e. Assistant Regional Manager, Ayodhya Depot. Said appeal has been filed on 2.1.2021 by the petitioner, therefore, learned counsel for the petitioner has submitted that direction may be issued for early disposal of the aforesaid appeal.
Learned counsel for the opposite parties are agreeable on the point that direction for early disposal of appeal may be issued.
Accordingly, this writ petition is disposed of finally at the admission stage directing the appellate authority i.e. Regional Manager, U.P.S.R.T.C, Ayodhya Region, Ayodhya to consider and decide the appeal of the petitioner dated 2.1.2021 strictly in accordance with law, by speaking and reasoned order and by affording an opportunity of hearing to the petitioner, if it is so required, with expedition, preferably within a period of six weeks from the date of production of certified copy of this order and decision thereof shall be intimated to the petitioner forthwith.
Order Date :- 21.1.2021 RBS/-
[Rajesh Singh Chauhan,J.]