Heard learned counsel for the petitioner, learned Standing Counsel for respondent no.1 and Sri Shishir Jain, learned counsel for the respondent no.2.
No notice is required to be issued to the respondent no.3 as his interest would be well protected by the order proposed to be passed in the present writ petition.
By means of the present writ petition, the petitioner has prayed for issuance of a writ in the nature of Certiorari quashing the transfer order dated 28.12.2020 passed by respondent no.2 with a further prayer to issue a writ in the nature of Mandamus directing the respondents especially respondent no.1 not to give effect of the transfer order dated 28.12.2020 passed by respondent no.2 and also not relieve to the petitioner from Bride Construction Unit, Hamirpur to Head Quarter, Lucknow.
Brief facts of the case are that the petitioner was appointed on the post of A.E. in the year August, 1997 and due to completion of proper process, the petitioner was promoted on the post of D.P.M. (Deputy Project Manager) in the year 2013. After getting the promotion on the post of Deputy Project Manager, the petitioner took the charge at Sultanpur and started to perform his duty vary fairly and sincerity. On 9.10.20126 the petitioner has taken the charge of Bridge Construction Unit Barely and perform his duty upto 17.07.2018. From 17.07.2018 upto 11.10.2018 the petitioner was attached with Head Quarter, Lucknow. On 11.7.2018 the petitioner took the charge of the Bridge Construction, Unit 3 Bareli and worked upto 30.10.2018, but the authorities again attached the petitioner to the Head Quarter Lucknow due to malafide intention. Again on 30.10.2018 the petitioner attached to the Head Quarter upto 8.2.20129 without any rhyme and reason. Again on 8.2.2019, the petitioner transferred to Bridge Construction Unit, Pratapgarh and worked upto 12.12.2019. Again on 12.12.2019, the petitioner transferred from Bridge Construction Unit, Pratapgarh to Bridge Construction Unit, Hamirpur and worked upto 28.12.2020. Again on 28.12.2020, the petitioner transferred from Bridge Construction Unit, Hamirpur to Headqurter Lucknow without any rhyme and reasons on administrative ground.
Learned counsel for the petitioner submits that the transfer of the petitioner has been made with malice intention as it does not disclose that the same has been passed in public interest or on administrative grounds, therefore, the order of transfer is vitiated in law. He next submits that the petitioner has been transferred several times within four years conclusively and no proper reason was assigned for transfer of the petitioner from one place to another place.
On the other hand, learned counsel for the respondent no.2 submits the order has been made on administrative exigency and bearing in mind the requirement of completion of important projects within a stipulated time frame.
In view of the above, this writ petition is disposed of with a liberty to the petitioner to file a fresh comprehensive representation ventilating all his grievances to respondent no.2 i.e. Managing Director (M.D.), U.P. State Bridge Corporation, Limited within two weeks from the date of production of a certified copy of this order and in case such a representation is filed, the respondent no.3 shall consider and pass appropriate, reasoned and speaking order after affording opportunity of hearing to the petitioner within a period of six weeks thereafter.
Order Date :- 21.1.2021 GK Sinha