Court No. - 34
Case :- WRIT - A No. - 8414 of 2021 Petitioner :- Vijai Pratap Singh Respondent :- State Of U.P Counsel for Petitioner :- Satyawan Shahi Counsel for Respondent :- Adarsh Bhushan,Devesh Vikram
Hon'ble Yashwant Varma,J.
Heard Sri Ashok Khare learned Senior Counsel assisted by Sri Satyawan Shahi in support of the petition, learned Standing Counsel and Sri Devesh Vikram who appears for the Corporation.
The petitioner assails an order of transfer dated 25 May 2021 transferring him from Gorakhpur to Mirzapur. It is contended that the aforesaid order of transfer is on account of certain complaints which were made by the petitioner against the Executive Engineer and certain other officers subordinate to the Chief Engineer. Sri Khare learned Senior Counsel submits that it is incensed with the aforesaid complaint that the impugned order of transfer has come to be passed.
The Court finds itself unable to sustain this submission since the record reflects that by an order of 26 September 2020 the Managing Director has taken cognizance of the complaint made by the petitioner and has directed enquiries to be conducted. That enquiry is still ongoing. It is not established from the record that the Chief Engineer has been influenced by the aforesaid proceedings. This since in any case no allegation has been levelled by the petitioner against the Chief Engineer in that complaint. In any case once the Managing Director has himself taken cognizance of the complaint made, it cannot possibly be alleged that the order of transfer has been made mala fide or for ulterior motives.
The writ petition fails and is dismissed.
Order Date :- 28.7.2021 faraz Digitally signed by Justice Yashwant Varma Date: 2021.07.29 16:36:39 IST Reason: Document Owner Location: High Court of Judicature at Allahabad