Rakesh Tiwari - (1.) -Heard counsel for the parties and perused the record.
(2.) A short counter-affidavit has been filed on behalf of respondent No. 6. At the outset the Court enquired from the counsel for the petitioner whether he wants to file any rejoinder-affidavit, but he answered in negative and stated that there is no need to file any rejoinder-affidavit. The facts of the case are that the petitioner was working as Executive Officer, Nagar Panchayat, Bithoor District Kanpur Nagar. The State Government transferred the petitioner vide order dated 18.1.2006 with immediate effect to Nagar Panchayat Sirathu, District Kaushambi. The petitioner joined at Nagar Panchayat Sirathu and submitted his joining dated 30.1.2006 to the District Magistrate, Kaushambi who directed the S.D.M. Sirathu, the Administrator of Nagar Panchayat, Sirathu to allow the petitioner to join his post. Consequently, One Bhagwati Prasad Mishra. who was working as Executive Officer, Nagar Panchayat, Jhusi District Allahabad and also holding additional charge of the work of Executive Officer. Nagar Panchayat, Sirathu District Kaushambi was directed to hand over his charge to the petitioner. It is claimed that in pursuance of the order of transfer by the State Government dated 18.1.2006 the petitioner submitted his joining before the District Magistrate, Kaushambi on 30.1.2006 who in turn directed the Administrator to allow the petitioner to join his post. It is also claimed that the petitioner took charge of Executive Officer, Nagar Panchayat, Sirathu, District Kaushambi from Sri Bhagwati Prasad Misra along with all records on 30.1.2006 and started functioning as the Executive Officer at Nagar Panchayat, Sirathu after his signatures were attested on 31.1.2006 by the Upar Zila Magistrate/Upar Lekha Adhikari, Kaushambi. It appears that in the meantime the Commissioner Allahabad Division, Allahabad vide order dated 1.2.2006 posted Sri Bhagwati Prasad Mishra on his request to work as whole time Executive Officer at Nagar Panchayat, Sirathu, District Kaushambi.
(3.) IT appears that records concerning the Nagar Panchayat, Sirathu were not handed over to the petitioner Sri Prakash Chandra Tiwari by Sri Bhagwati Prasad Mishra on 31.1.2006, hence the petitioner Sri Prakash Chandra Tiwari moved an application dated 2.2.2006 before the Administrator, Nagar Panchayat, Sirathu for directing Sri Bhagwati Prasad Mishra to hand over the complete files/records to him. On the said application the Administrator endorsed order dated 2.2.2006 requiring Sri B. P. Mishra to hand over the records to the petitioner. It also appears from the record that the orders of the Divisional Commissioner, Allahabad dated 31.1.2006, by which Sri Bhagwati Prasad Mishra was transferred and posted as whole time Executive Officer at Nagar Panchayat. Sirathu, were received in Nagar Panchayat on 1.2.2006. Thereafter the District Magistrate, Kaushambi vide letters dated 3.2.2006 and 15.2.2006 requested him to let the petitioner Prakash Chandra Tiwari work as Executive Officer at Sirathu stating that charge had already been handed over to him and to adjust/post Sri Bhagwati Prasad Mishra at Chail or to some other Nagar Panchayat where there is vacancy.;