A.N. Dikshita, J. - (1.) The petitioner by means of this petition filed under Article 226 of the Constitution has challenged the order of transfer dated 5.7.86 and has prayed for issue of a writ of certiorari for quashing the same.
(2.) The facts as are revealing from the petition are; That petitioner on being selected as the Sales Tax Officer, Grade-II by the U.P. Public Service Commission in the year 1977 was initially posted as Sales Tax Officer, Grade-II at Jaunpur and has served the department then at several places to the utmost satisfaction of his superiors. He has thus earned good entries in the service record. The petitioner on becoming of the President of the Sales Tax Officers Grade-II Sangh has been espousing the cause of Sales Tax Officer, Grade-II with the department. In his capacity as President of the Sangh he wrote several letters to the Commissioner, Sales Tax U.P. from Muzaffarnagar where he was posted which has invited the annoyance of the Commissioner, Sales Tax who started bearing a grudge against the petitioner. The petitioner was transferred from Kairana check-post, district Muzaffarnagar to Gopiganj check-post in Varanasi district in July 1985 and by the impugned order has now been transferred to the Naubatpur check-post district Varanasi thus giving rise to the instant petition. Two supplementary affidavits have also been filed by the petitioner. The first supplementary affidavit disclosed that the petitioner was transferred in June 1979 from Jaunpur to Allahabad and from there in June 1980 to Kairana check-post, district Muzaffarnagar. The petitioner some time in March 1982 was assigned the work in connection with the prosecution of the cases pending in the High Court and, thereafter in 1982 was transferred as Assistant Commissioner (Judicial), Muzaffarnagar. He was given another assignment in mobile squad at Muzaffarnagar in July 1983 and after a year he was transferred from the mobile squad to Kairana check-post and then in June 1985 to Gopiganj, district Varanasi. The petitioner in the regular chain of transfer was transferred to Desari Mau Rani in Jhansi region-vide order dated 23.6.86 but on a representation being made to the Sales Tax Commissioner the order transferring him to Jhansi region was rescinded and the petitioner was posted in the Varanasi district though not at Gopiganj check-post but Naubat Ganj check-post. In the other supplementary-affidavit the petitioner has disclosed that the Sangh is registered and is recognised by the State Government. It has further been disclosed that the Sangh had no permanent office at any particular place but wherever the President of the Sangh is posted, the office is opened there. The case of the petitioner in a narrow compass is thus that the petitioner is being harassed at the hands of the Commissioner, Sales Tax U.P. and the impugned order of transfer is the outcome of malice and arbitrariness he has earned the displeasure of the Commissioner, Sales Tax in view of the fact that he had espoused the cause of the Sangh of Sales Tax Officers Grade-II from time to time. The petitioner has come out with a case that the impugned order of transfer at the hands of the Commissioner, Sales Tax is punitive inasmuch as the petitioner is being harassed by transferring him from one place to another from time to time.
(3.) This writ petition is being disposed of at the admission stage as we consider it not to be a fit case for interference in the extraordinary jurisdiction of this Court by invoking the aid of Article 226 of the Constitution.;