Sudhir Narain, J. - (1.) The appellant filed writ petition challenging the order of transfer dated 31.12.1991, passed by the respondent No. 1, transferring him from Azamgarh Depot to Dehradun Hill Depot. The writ petition was dismissed by the learned Single Judge and now the present appeal has been filed.
(2.) The facts in brief are that the appellant was appointed as a Mazdoor on daily wages in U.P. State Roadways Transport Corporation in the year 1978. Subsequently, he, was appointed on regular basis from 9.7.1980 at Dohri Ghat Depot, Azamgarh as Mazdoor. He was transferred at Azamgarh Depot on 3.3.1981 as Mazdoor. The appellant claims that he was elected as the President of the Mazdoor Union in the year 1990. On 28.10.1991, a letter was written by the Senior Police Superintendent, Azamgarh to the Managing Director, U.P. State Roadways Transport Corporation, Lucknow inviting his attention to the report of the police against the appellant stating that he along with his associates was creating problems in the maintenance of the security and public peace. The appellant and other employees had been making demonstrations. On 10.12.1991, the District Magistrate again wrote a letter to the Managing Director, U.P. State Roadways Transport Corporation, Lucknow stating that on the bus-stand the appellant was terrorising the shop owners and he misbehaved with the ladies and other travellers at the bus-stand. This was creating administrative problems. He, further indicated that the people were not prepared to come forward to give their testimony and it was difficult to take any action against the appellant and his colleagues. The S.S.P. had suggested for transfer of the appellant. On 31.12.1991 the Managing Director, U.P. State Roadways Transport Corporation, Lucknow passed an order transferring the appellant from Azamgarh Depot to Dehradun Hill Depot.
(3.) The main contention of the learned counsel for the appellant is that the appellant was transferred on the basis of the complaint and the transfer on the basis of the complaint amounts to transfer by way of punishment.;