Rajesh Singh Chauhan - (1.) Heard Sri N. K. Pandey, learned counsel for the petitioner and Dr. U.B.Singh, learned Additional Chief Standing Counsel for the State-respondents.
(2.) This Court has passed the order dated 03.01.2019 as under:- "Heard Sri N.K. Pandey, learned counsel for the petitioner and Sri Shree Prakash Singh, learned counsel for the opposite party Nos.2 and 3. Notice on behalf of opposite party No.1 has been accepted by the office of the learned Chief Standing Counsel. By means of this writ petition, the petitioner has assailed the impugned transfer order dated 15.12.2018, whereby the petitioner has been transferred from District-Lakhimpur Kheri to District-Hardoi. The sole ground to assail the transfer order is that the impugned transfer order is a punitive order inasmuch as it has been passed on the basis of letter dated 24.11.2018 being issued by one Sri Saurabh Singh, "Sonu", M.L.A., Kasta Lakhimpur Kheri. In the letter dated 24.11.2018, the M.L.A. has said the District Manager of U.P. State Food Essential Commodities Corporation Ltd. Lakhimpur Kheri to take strong action against the petitioner as complaint of one Vinod Kumar Pandey son of Sri Harbhajan, R/o Maigalganj has been received. Pursuant to the aforesaid letter dated 24.11.2018 of the local M.L.A., the District Manager issued show cause notice against the petitioner on 26.11.2018 seeking his explanation. The petitioner thereafter submitted his explanation on 01.12.2018 apprising the authority concerned that the complaint is baseless and misconceived as the complainant is neither the resident of area concerned nor the Kotedar of the area and the certificate to that effect issued by the Gram Pradhan of Gram Panchayat has been annexed as Annexure No.5 to the writ petition. Therefore, learned counsel for the petitioner has submitted that on the basis of false complaint, the local M.L.A. has recommended for strong action against the petitioner and pursuant to it show cause notice was issued and thereafter the impugned order of transfer dated 15.12.2018 has been issued, therefore this transfer order, as per learned counsel for the petitioner, is punitive in nature. Since the transfer is an exigency of service, therefore, it cannot be interfered in ordinary circumstances, more particularly, the petitioner has been transferred from Lakhimpur Kheri to Hardoi and, as such, no interference can be required but the facts and circumstances of the case appear to be slightly different inasmuch as this transfer order appears to be issued to punish the petitioner and, if so, then interference may be required. Accordingly, Sri Shree Prakash Singh, learned counsel for the opposite party Nos.2 and 3 shall produce the entire records pertaining to transfer of the petitioner on 08.01.2019. List this petition on 08.01.2019 in the additional cause list as fresh. The execution of transfer order dated 15.12.2018 shall be subject to further orders of this Court."
(3.) Today, Sri Shree Prakash Singh, learned counsel for the opposite party Nos.2 and 3 is present but the record has not been produced in terms of earlier order dated 03.01.2019.;