RAN VIJAI SINGH,IFAQAT ALI KHAN,J. - (1.) We have heard Sri R.K. Ojha, learned senior counsel assisted by Sri Anuj Kumar Mishra, learned counsel for the petitioner and learned standing counsel for the State-Respondents.
(2.) Through this writ petition, prayer has been made to issue a writ or certiorari quashing the impugned orders dated 28.6.2017 of the same date passed by the Additional Chief Secretary, Panchayati Raj, Government of U.P., Lucknow. By the previous order, the petitioner has been transferred and attached to the Office of Deputy Director of Panchayati Raj, Allahabad and by the subsequent order, Sri Durga Prasad Tiwari, Assistant Development Officer (Panchayat), Mirzapur has been transferred to Allahabad with an authorisation to look after the work of the District Panchayat Raj Officer (DPRO), Allahabad till the regular appointment of DPRO.
(3.) Considering the petitioner's prayer, on 18.7.2017 following order was passed by this Court: "Heard Sri R.K. Ojha, learned senior counsel assisted by Sri Anuj Kumar Mishra, counsel for the petitioner and learned standing counsel for the State-Respondents. By means of this writ petition, the petitioner has prayed for issuing a writ of certiorari quashing the impugned order dated 28.6.2017 passed by the Addl. Chief Secretary, Panchayat Raj, Anubha-1, UP Govt, Lucknow transferring the petitioner and attaching him with the office of Deputy Director (Panchayat), Allahabad. The petitioner has also challenged the transfer order dated 28.6.2017 passed by the same Officer transferring Sri Durga Prasad, Assistant Development Officer, and giving him charge of the post of District Panchayat Raj Officer, Allahabad. While assailing this order, learned senior counsel for the petitioner contended that Sri Durga Prasad was transferred from Allahabad to Mirzapur only six months back and now by the impugned order he has again been transferred to Allahabad and given charge of District Panchayat Raj Officer. Submission is that the order impugned has been passed arbitrarily without there being any application of mind. Learned standing counsel on the earlier occasion was directed to seek instructions. Pursuant thereto, learned standing counsel has sought instructions and submitted that in view of the fact that the petitioner is suffering from cancer and was unable to perform his duties diligently and efficiently, therefore, he has been transferred and light duty has been assigned to him. It has also been submitted that under the Swaccha Bharat Mission, the targeted 'Shauchalaya' have not been constructed and that too is the reason to transfer the petitioner. Sri Ojha, learned senior counsel has passed on a district-wise report of the constructed 'Shauchalayas' in the entire UP wherein district Allahabad has been mentioned at serial no. 2, which find mention that the petitioner has achieved 75.03 % target which is for more superior than other districts. Sri Ojha has also shown fitness certificate of the petitioner issued by Dr. Sultan A. Pradhan, MS. FRCS, FACS, FCPS, Surgical Oncologist, Mumbai. Considering the aforesaid facts, learned standing counsel is directed to file short counter affidavit including the details in respect of following two quarries. (i) Whether on the date of the petitioner's transfer no other Assistant Development Officer (Panchayat) was available at Allahabad for handing over the charge of District Panchayat Raj Officer (DPRO) ? (ii) What was the special reason for transferring Sri Durga Prasad, ADO (P) from Mirzapur to Allahabad who was transferred only six months back from Allahabad to Mirzapur? Since aforesaid facts have not been stated in the writ petition for which learned counsel for the petitioner is granted three days time to file supplementary affidavit. Put up this case as fresh on 24.7.2017. In the meantime, the petitioner is directed to join at the transferred place." Thereafter, the case was taken up on 23.8.2017 and this Court has passed the following order: "Learned Standing Counsel has filed supplementary counter affidavit, which is taken on record. From the perusal of which, it transpires that the query made by the Court, whether on the date of the petitioner's transfer no other Assistant Development Officer (Panchayat) was available at Allahabad for handing over the charge of District Panchayat Raj Officer (DPRO), is not satisfied. Although learned Standing Counsel has tried to submit before the Court that Sri Durga Prasad Tiwari was the senior most amongst the category of Assistant Panchayat Officer, therefore he has been transferred from Mirzapur to Allahabad. Sri R.K. Ojha, learned senior counsel has invited our attention towards paragraph no. 6 of rejoinder affidavit which reads as under:- "That in reply to the contents of paragraph nos. 19, 20 and 21 of the Short Counter Affidavit, it is stated that in the State of U.P. a new method has been adopted that working District Panchayat Raj Officers are being attached and with ulterior motive or otherwise method, the Assistant Development Officer (Panchayat) are being given charge to the post of DPRO, as per information of the petitioner total District Panchayat Raj Officers who are really working either of promotion or by the recruitment are about 41 in number and on the remaining it was senior ADO (Panchayat) or ADO (Technical) are working as DPRO, therefore, out of 76 posts with are sanctioned for DPRO only 41 DPRO are working and out of aforesaid 41 District Panchayat Raj Officer, in garb of giving charge to the ADO (Technical) or ADO (Panchayat) that is other means several DPRO have been attached on some other posts. For appreciation of the submission of the petitioner, one Mr. Abhay Kumar Yadav who is DPRO Shahjanpur, he has been attached in the office of Deputy Director (Panchayat) Lucknow and his place one Mr. Dharmendra Kumar, Assistant Development Officer (Technical) has been given charge. Similarly one Mr. Shiv Shankar Singh who is DPRO, Basti, he has attached in the office of Deputy Director (Panchayat) Basti and in his place gopal Ji Ojha, Assistant Development Officer (Panchayat) has been given charge and similarly one another person namely Sanjay Kumar Yadav who is DPRO, Rae Bareli, he has been attached in the office of Deputy Director (Panchayat), Lucknow and in his place one Chandra Kishore Verma, ADO (Technical) has been given charge as DPRO Rae Bareli. For proper appreciation of the fact, the petitioner is annexing orders dated 28.6.2017 and 4.7.2017 by which aforesaid arrangement has been made. For kind perusal of this Hon'ble Court, True/Photostat copy of the orders dated 28.6.2017 and 4.7.2017 are being filed herewith and marked as Annexure-RA-3 to this rejoinder affidavit. By perusal of the aforesaid fact, it clearly reveals that there are shortage of DPRO, who are competent to hold the office, but they have been attached some other places and against those ADO (Panchayat) or ADO (Technical) has been given charge. In paragraph 10 of the rejoinder affidavit, it has further been stated that number of ADO Panchayat who are junior to many others have been handed over the charge of DPRO. From the perusal of the aforesaid paragraph, it transpires that out of 76 sanctioned post of District Panchayat Raj Officer (DPRO) only 41 DPRO are available in the State and on the remaining post on ADO Panchayat or ADO Technical have been given charge of District Panchayat Raj Officer (DPRO). It also transpires that in number of districts DPRO have been attached to the office of Deputy Director (Panchayat) and in their place ADO (Technical) has been given charge of DPRO. Learned Standing Counsel is directed to bring on record the policy framed by the State Government for handing over the charge of District Panchayat Raj Officer (DPRO) to ADO Panchayat/ADO Technical. Put up this matter on 31.8.2017 in the addl. cause list".;