- (1.) This writ petition came to be filed against order dated 9.7.2013 (Annexure 8 to the writ petition) whereby respondent No.5, Zainuddin Ahmad was transferred by District Magistrate, Ballia on administrative ground from Sikanderpur to Belthara Road. By means of another order dated 22.7.2013, Tehsildar, Belthara Road, Ballia, posted respondent no.5 at Village Haldirampur, where petitioner was working and petitioner was shifted to another area i.e. Village Sier, Tahsil Belthara Road.
(2.) Challenge was made on the ground that respondent No.5 had already worked at Village Haldirampur, Tehsil Belthara Road for more than fifteen years. He was transferred to Tehsil Sikanderpur, Village Karmauta/Baddamaphi in November, 2012 and, just within a few months, has been brought back to Haldirampur. It is alleged that impugned order is founded on malicious exercise of power on the part of concerned authority to show favour and accommodate respondent No.5.
(3.) This court directed respondents to produce record relating to transfer of petitioner and respondent no.5 on 5.8.2013. On the request of learned Standing Counsel made on 5.8.2013, it was posted for next date i.e. 6.8.2013, on which date certain documents were placed before this Court. A perusal thereof shows that an attempt was made to mislead this Court by not placing appropriate record, as directed, and therefore, taking a serious view of the matter, this Court passed following order: "1. This Court required learned Standing Counsel to produce the record relating to transfer of petitioner and respondent no. 5. Today some loose papers have been placed before this Court which do not show that they are part and parcel of any particular record. No file number and nothing is there. It appears that some selected documents have been placed for perusal of this Court. This is nothing but an attempt on the part of respondents no. 2, 3 and 4 to mislead this Court by not placing the entire documents. Prima facie, besides improper, it is contemptuous also. 2. Let respondents no. 2, 3 and 4 appear before this Court alongwith entire file containing record relating to transfer of petitioner and respondent no. 5 before this Court on 14.08.2013. The documents placed today shall also be retained by this Court in sealed cover. 3. Put up on 14.08.2013.";