PREM NARAIN SRIVASTAVA Vs. STATE OF U P THROUGH SECY LAW & JUSTICE LKO & 3 ORS
LAWS(ALL)-2017-2-305
HIGH COURT OF ALLAHABAD
Decided on February 08,2017

Prem Narain Srivastava Appellant
VERSUS
State Of U P Through Secy Law And Justice Lko And 3 Ors Respondents

JUDGEMENT

Sheo Kumar Singh, J. - (1.) Heard Mr. Tung Nath Tiwari, learned counsel for the petitioner as well as learned Chief Standing Counsel for the State and Mr. Upendra Nath Mishra, learned counsel for the respondent nos.2 and 4.
(2.) By means of this writ petition filed under Article 226 of the Constitution of India, the petitioner has assailed the report of the Committee dated 18.09.2014 as well as the approval of the District Judge, Barabanki dated 23.09.2014, whereby the petitioner was not considered eligible for considering promotion for next higher grade in District Judgeship, Barabanki.
(3.) It appears that the petitioner, a class-III employee, was working in Barabanki Judgeship and by an administrative order of High Court of Judicature at Allahabad dated 04.10.2012, the petitioner was transferred from Barabanki to District Civil Court, Ballia. The petitioner was relieved on 04.10.2012. Aggrieved by the order of transfer the petitioner filed a writ petition bearing writ petition no. 602 (SS) of 2013, challenging the order dated 04.10.2012 which was finally decided by this Court vide order dated 15.01.2014 and the petition was dismissed. The relevant portion of the order is quoted below:- "In the present case, there exists sufficient special administrative reason for transfer of petitioner outside district Barabanki Judgeship and the High Court in exercise of powers under Rule 23 of the Rules of 1947 has transferred the petitioner from Barabanki Judgeship to Ballia Judgeship after 'careful consideration of the case' of petitioner. So far as the contention of learned counsel for petitioner that the District Judge with prejudice and bias and with malice had written the letters dated 24.7.2012 and 13.9.2012 to the High Court is concerned, suffice is to observe that the High Court on 'careful consideration' has passed the transfer order of the petitioner and it cannot be said that it was influenced by the opposite party no. 2 in passing of the impugned order. I do not find any infirmity or illegality in the orders impugned. The writ petition being devoid of merit is dismissed".;


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