VISHNU PRATAP SINGH KUNWAR BAHADUR SINGH ASSISTANT COMMISSIONER Vs. STATE OF UTTAR PRADESH
LAWS(ALL)-2005-11-85
HIGH COURT OF ALLAHABAD
Decided on November 25,2005

VISHNU PRATAP SINGH KUNWAR BAHADUR SINGH, ASSISTANT COMMISSIONER Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

Amitava Lala, J. - (1.) The writ petitioner appears to be an officer of the department of Trade Tax Government of Uttar Pradesh. From paragraph 5 of the writ petition it appears that he has discharged his duty in the Trade Tax Office, Division-1 Jhansi from 4th August,2000 to 22nd June,.2001, at Sahayata Kendra, Chaukhta Allahabad from 28th June,2001 to 18th July, 2002, in the Trade Tax Office Division-1, Allahabad from 18th July, 2002 to 4th August,2002, in the office of Railway Sahayata Kendra Allahabad from 23rd September, 2002 to 6th August,2003 and he was further posted at the Mobile Squad, Karvi from 12th August,2003 to 15th July,2004. On 15th July,2004 itself he was posted as Assistant Commissioner, at the Check Post,Sitapur, Karvi (Chitrakoot). On 15th June, 2005 the petitioner was transferred from Sitapur, Karvi (Banda)(previously Chitrakoot) to Lalitpur as Assistant Commissioner ( Mobile Squad) Trade Tax Lalitpur. The last transfer is a part and parcel of general order of transfer dated 15th June,2005 itself. Pursuant to the said transfer order the petitioner took over charge at the transferred place on 25th June,.2005. According to him, he took a rented house there and shifted his family and house hold belongings to Lalitpur.
(2.) Prior to his transfer he opted five places following the norms of the transfer on 29th April,2005. Options are as follows: a) Kaushambi b) Bhadohi c) Pratapgarh d) Allahabad e) Kanpur
(3.) According to the petitioner, after about a month of effecting earlier transfer at Lalitpur, he was again ordered to transfer at Varanasi ( a place nearer to Bhadohi) under order impugned dated 28th July, 2005 purpotedly following the options. Such transfer order was communicated to the petitioner vide letter dated 8th August,2005. According to the petitioner, such transfer is wholly arbitrary and colourable exercise of power. Challenging the second order of transfer dated 28th July, 2005 this writ petition has been moved.;


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