A.P. Sahi, J. - (1.) The petitioner has challenged the transfer order dated 19.4.2006 Annexure-1 to the writ petition on the ground that it has not been passed for any administrative exigency and is the out come of a severe political interference at the behest of Respondent No. 4 to accommodate him against the post held by the petitioner.
(2.) The dispute is with regard to the post of a Junior Clerk in the office of the District Basic Education Officer, Moradabad. By the impugned order, the petitioner has been shifted to the post of Office Superintendent in the office of Deputy Director of Education, Moradabad, from where the Respondent No. 4 has been brought to the post occupied by the petitioner. This inter change of posts has been brought about interestingly by the interference of the Secretary to the Chief Minister of the State; a State Minister of the Cabinet of the Government of Uttar Pradesh and a Member of Parliament. This is reflected from the endorsement made in the impugned order at serial Nos. 5 and 6 of the copies of the order dispatched to the Addl. Director of Education and the Director of Education (Basic). The said endorsement at serial Nos. 5 and 6 refers to the D.O. letter dated 20.3.2006 issued by the Addl. Director of Education (Basic) and the order dated 4.4.2006 of the Director of Education which are on record. The order of the Director dated 4.4.2006 is endorsed on the letter head of Sri Shafiqur Rehman Beg, another Member of Parliament involved in this matter. A photostat copy of the letter has been provided by the learned Chief Standing Counsel Sri Brijendra Singh.
(3.) The letter dated 20.3.2006 of the Addl. Director of Education (Basic) is appended as Annexure-2 to the writ petition. The said letter quotes the order of the Secretary to the Chief Minister endorsed on a letter of one Sri Gopal Singh Yadav, Advocate, making a request for the transfer of the Respondent No. 4. The document further records that in view of the aforesaid letter of Sri Gopal Singh Yadav with the endorsement of the Secretary to the Chief Minister and in view of the letter of Sri Atiq Ahmad, Member of Parliament, the Respondent No. 4 should be transferred against the post of Junior Clerk in the event the said post is vacant. The letter of Sri Atiq Ahmad, Member of Parliament, is appended as Annexure-3 which clearly recites that the request was being made for accommodating the Respondent No. 4 in view of the request of Sri lqbal Mahmood, State Revenue Minister. The aforesaid facts, therefore, clearly certify and substantiate the extent of political interference that was taken shelter of for the posting of the respondent No. 4 as a Junior Clerk in the office of the Basic Shiksha Adhikari, Moradabad. The nature and manner of approach as indicated herein above leaves no room for doubt that the order of transfer is the out come of the aforesaid directions.;