- (1.) RAKESH Tiwari, J. Heard learned Counsel for the parties and perused the record.
(2.) THIS writ petition has been directed against the order dated 21-9-2006 passed by the Managing Director, U. P. Co-operative Union Ltd. Lucknow (respondent No. 2), whereby the petitioner has been transferred to the regional office of the respondents at Saharanpur from the district committee at Mau. Learned Counsel for the petitioner has placed on record the recommendations made by the local M. L. A. who happens to be the Minister of the co-operative department. In the recommendations the Minister has recommended for the transfer of the petitioner on the basis of certain charges. The learned Counsel has argued that the transfer order is without jurisdiction and is not a legal order in the eye of law as the same has been passed at the behest of the Minister on the basis of certain charges. According to him the order is in the nature of punishment and having been passed without conducting any enquiry.
(3.) FROM the record it appears that the petitioner was posted as a Junior Clerk in the district office at Mau. It is alleged that besides performing the duties of Junior Clerk he was also assigned certain duties of Consumer Section in the office of the District Assistant Registrar, Co-operative Societies, Mau. The Mau Kargha Audyogik Upbhokta Sahakari Samati Ltd. , Domanpur, Mau is a consumer society of which Sri Kamlesh Kumar Yadav (respondent No. 4) was appointed as the Administrator by the Minister for co- operative department after dissolution of the Board. The aforesaid consumer society runs three shops under public distribution system. It is alleged by the petitioner that respondent No. 4 was removed from the post of Administrator of the consumer society and that even after his removal from the post of Administrator, respondent No. 4 used to visit the aforesaid three shops of the consumer society for the purposes taking illegal gratification from the salesmen.;