NAIN SINGH Vs. PRINCIPAL SECRETARY P W D LUCKNOW
LAWS(ALL)-2003-7-170
HIGH COURT OF ALLAHABAD
Decided on July 07,2003

NAIN SINGH Appellant
VERSUS
Principal Secretary P W D Lucknow Respondents

JUDGEMENT

RAKESH TIWARI, J. - (1.) HEARD the Counsel for the parties and perused the record.
(2.) ALL the aforesaid applications have been filed challenging the order of his transfer by the petitioner and non -compliance of the order of this Court dated 20 -2 -2002 by which directing the authority concerned to decide the representation of the petitioner preferably within a month in accordance with law. The petitioner at the relevant time was posted as Executive Engineer (Provincial Division), Public Works Department, Banda. The petitioner was transferred from Banda to Pratapgarh as Staff Officer. He challenged this order of transfer by means of Writ No. 42082 of 2001 as mala fide on the ground that it was without any reason as he has neither been transferred for any administrative reason nor in public interest. This writ petition was disposed of by a Division Bench of this Court with direction to the authority concerned to decide the representation of the petitioner dated 5 -12 -2001 within one month from the date of production of certified copy of this order in accordance with law.
(3.) THE petitioner submitted a representation before the authority. In the mean time the respondents by order dated 26 -12 2001 passed another order posting one Komal Chand Jain as Executive Engineer (Civil) in his place. The petitioner challenged this posting by means of aforesaid Writ Petition No. 1206 of 2002, on the ground that though he was Executive Engineer still he has been replaced by Komal Chand Chain, Assistant Engineer, Respondent No. 2 in the petition, who has been given charge of the post of Executive Engineer (Civil). In short, he is being replaced by his junior. The petitioner also challenged the transfer on the ground that he was shifted in mid -session and is against the principals of natural justice and further that he has been shifted to non -working post as staff officer without giving him any opportunity of hearing.;


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