- (1.) BY the Court.- Heard learned counsel for the petitioner and the learned standing counsel. Counter affidavit and supplementary affidavit filed today is taken on record. Learned counsel for the parties agree that this writ petition be disposed of finally.
(2.) BY this petition, petitioner has prayed for quashing the order dated 15/9/2009, passed by the Special Secretary, Government of U.P. and consequential order dated 16/9/2009 transferring the petitioner from Bareilly to Etawah. Petitioner's case in the writ petition is that he has been posted at Bareilly in the year 2007. He submits that a complaint was submitted against the petitioner by a Member of Legislative Assembly of the ruling party dated 22/7/2009. In the complaint, serious allegations were made against the petitioner that the petitioner is functioning against the policies of the Government and the petitioner takes money for every work. On the said serious complaint, it appears that Secretary, Board of Revenue was asked to take appropriate steps. It appears that the Board of Revenue vide its letter dated 30/7/2009 with reference of the endorsement dated 24/7/2009, submitted a proposal for transfer of the petitioner. The petitioner received a letter dated 25/8/2009 sent by the Additional District Magistrate asking the petitioner to submit his comments with regard to the complaint submitted by the Member of legislative Assembly dated 22/7/2009. The State Government passed an order dated 15/9/2009 taking into consideration the report dated 30/7/2009 transferring the petitioner from Bareilly to Etawah. Learned counsel for the petitioner challenging the order contends that at no stage the complaint against the petitioner submitted by the Member of Legislative Assembly was verified and without there being any satisfaction that the allegations have some substance, petitioner has been transferred. Learned counsel for the petitioner submits that according to the transfer policy dated 06/6/2009, State Government has decided not to transfer any employee of any cadre in the year 2009-2010. However, any employee could be transferred in public interest on any inevitable situation with the approval of the Minister/Hon'ble Chief Minister.
(3.) LEARNED counsel for the petitioner has placed reliance on the Division Bench judgments reported in (2008) 2 UPLBEC 1140, Om Prakash Singh Vs. State of U.P. and Ors and (2008) 3 UPLBEC 2716, Devendra Singh Vs. State of U.P. and Another.;