ASHOK KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition came to be filed against order dated 9.7.2013 (Annexure 8 to the writ petition) whereby respondent No.5, Zainuddin Ahmad was transferred by District Magistrate, Ballia on administrative ground from Sikanderpur to Belthara Road. By means of another order dated 22.7.2013, Tehsildar, Belthara Road, Ballia, posted respondent no.5 at Village Haldirampur, where petitioner was working and petitioner was shifted to another area i.e. Village Sier, Tahsil Belthara Road.

(2.) Challenge was made on the ground that respondent No.5 had already worked at Village Haldirampur, Tehsil Belthara Road for more than fifteen years. He was transferred to Tehsil Sikanderpur, Village Karmauta/Baddamaphi in November, 2012 and, just within a few months, has been brought back to Haldirampur. It is alleged that impugned order is founded on malicious exercise of power on the part of concerned authority to show favour and accommodate respondent No.5.

(3.) This court directed respondents to produce record relating to transfer of petitioner and respondent no.5 on 5.8.2013. On the request of learned Standing Counsel made on 5.8.2013, it was posted for next date i.e. 6.8.2013, on which date certain documents were placed before this Court. A perusal thereof shows that an attempt was made to mislead this Court by not placing appropriate record, as directed, and therefore, taking a serious view of the matter, this Court passed following order: