JUDGEMENT
M.M.KUMAR. J. -
(1.) The instant petition is directed against the order dated
4.10.2006 (P-3) transferring the petitioner from Hathin to Nuh in the
office of the Block Development and Panchayat Officer as Gram
Sachiv. The petitioner has earlier worked from 1983 to 2003 as Gram
Sachiv at Hathin and thereafter he was transferred from Hathin to
Hodal. He was ordered to be transferred on 29.6.2006 (P-1) from
Hathin to Nuh, which transfer order was cancelled on 1.8.2006 (P-2).
(2.) However, the order dated 29.6.2006 (P-1) has been restored by the
impugned order dated 4.10.2006 (P-3). The petitioner has levelled
allegation of mala fide against respondent No. 3 Shri Harsh Kumar,
M.L.A. representing Hathin Constituency in the Assembly.
(3.) Having heard learned counsel we are of the considered
opinion that the petitioner for one reason or the other wants to
continue at Hathin. When he was transferred by order dated
29.6.2006 (P-1), the same was cancelled on 1.8.2006 (P-2). But the
respondents have restored back the order dated 29.6.2006 (P-1) by
passing the impugned order dated 4.10.2006 (P-3). The impugned
order appears to have been passed wholly in public interest as the
petitioner has worked at Hathin for more than 20 years. In so far as
the allegations of mala fide levelled against respondent No. 3 who is
an M.L.A., are concerned, we are not impressed because no
connection has been established between the petitioner and
respondent No. 3. The only allegation is that respondent No. 3
entertains a doubt that the petitioner is not his supporter. Such an
allegation is absolutely vague and cannot constitute the basis to
record a finding that respondent No. 3 entertains any mala fide
against the petitioner. The allegations of mala fide are required to be
elaborated by connecting the respondent with the petitioner
substantially so as to constitute a basis for passing any administrative
order as has been pointed out by Honble the Supreme Court in the
case of Pratap Singh v. State of Punjab, AIR 1964 SC 72. There is,
thus, no merit in the petition.
Dismissed.;
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