- (1.) ALOK Chakrabarti, J. In the present writ petition subject-matter of chal lenge in the order dated 14-6-1994, passed by the Director, Rajya Krishi Utpadan Mandi Parishad.
(2.) THE contention of the petitioner is that he was posted as Secretary, Krishi Utpadan Mandi Samiti, Bareilly by order dated 14-10-1992 and he joined accordingly on 24-10-1992, just after ten days of joining the order of posting of the petitioner at Bareilly was cancelled be the order dated 2-11-1992. THE petitioner moved a writ petition challenging the said cancellation order wherefrom the writ petition No. 42936 of 1992 arose. By the judgment and order dated 19-4-1994 said writ petition was allowed. THE relevant portion of the order is as follows : "as a result of the aforesaid discussions the writ petition succeeds and is allowed. THE impugned order dated 2-11-1992 cancelling the petitioner's transfer order dated 14-10-1992 is hereby quashed. However, it shall be open to the authorities concerned to pass fresh transfer order if the exigencies of the service so require and the same be in public interest. THE parties shall bear their own costs of this writ petition. " The allegation of the petitioner is that by the order dated 14-6-1994 issued by the respondent No. 2, Mr. Ram Narayan Singh Yadav (R. N. Singh), the respondent No. 7 was transferred and posted as Secretary, Rajya Krishi Utpadan Mandi Samiti, Bareilly and by the same order the petitioner was directed to be attached with the office of the Deputy Director (Adminis tration) Rajya Krishi Utpadan Mandi Samiti Bareilly. The complaint of the petitioner is that the posting of the respon dent No. 7, Mr. R. N. Singh has been made only on account of the personal and political consideration. The allegation against the respondent No. 7 is that he is an influential person as he is closely related to the Chief Minister of the State. Who incidently is holding the charge of Agricultural Ministry. It is stated that the said respondent No. 7 has succeeded in getting a number of transfer orders cancelled within a short period of time, The orders of trans fer of the respondent No. 7, as alleged, are as follows : (a) By the order dated 6-5-1994 the respondent No. 7 Mr. R. N. Singh Yadav was posted as Secretary, Krishi Utpadan Mandi Samiti, Shahjahanpur. (b) By the order dated 11-5 1995 the posting of respondent No. 7 at Shahjahanpur was cancelled. (c) On the same date i. e. 11-5-1994 the respondent No. 2 again passed order posting the respondent No. 7 as Secretary (1st class), Krishi Utpadan Mandi Samiti, Bareilly. (d) By the order dated 13-5-1994 posting of respondent No. 7 was stayed by the Joint Director Mandi Parishad, Lucknow. (e) By the order dated 15-5-1994, the Secretary to the Chief Minister, U. P. directed the respondent No. 2 that Mr. R. N. Singh should not be posted at Bareilly. (f) By the order dated 24-5-94, the Director Mandi Parishad, cancelled the order dated 11-5-1994, the order by which the respondent No. 7 was appointed as Secretary (1st Class) at Bareilly.
(3.) IT appears that the petitioner has annexed several documents to the writ petition being Annexure Nos. 1 to 7 in support of the aforesaid contention and the learned counsel for the petitioner relied upon the said documents in support of his contention that the present transfer order was passed at the political interference only for the purpose of getting the respondent No. 7 at proper berth according to his own choice. Learned counsel for the petitioner further states that for the said sole purpose repeated orders were passed within a short period and as a result thereof the petitioner has been affected by the impugned transfer order.;