Appeal against dismissal of a writ petition seeking quashing of a transfer order. The court held that election as an association President does not bar transfer.
The appeal was dismissed; the appellant was directed to file a representation after joining the transferred place.
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Court No. - 39 Case :- SPECIAL APPEAL No. - 470 of 2018 Appellant :- Ram Kishore Mishra Respondent :- State Of U.P. And 6 Ors Counsel for Appellant :- Rahul Sahai,Anand Kumar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.
This Special Appeal is directed against the judgment and order dated 18 April 2018 passed by a learned Judge of this Court dismissing the writ petition filed by the appellant for quashing the order dated 21 March 2018 by which he was transferred by the Additional Director of Agriculture (Administration) in the State Government from the office of the Pravidhic Sahayak, Bhumi Sanrakshan Adhikari, Lalitpur to Amethi.
It is contended by learned counsel for the appellant that the transfer order was passed in violation of the policy inasmuch as the petitioner had been elected as the President of the Soil and Water Conservation Technology, U.P.
We express our inability to accept this submission of learned counsel for the appellant. Merely because the appellant was a President of the aforesaid Association would not mean that the petitioner-appellant cannot be transferred by the Competent Authority in view of the decision of the Supreme Court in Shilpi Bose & Ors., Vs. State of Bihar & Ors., reported in 1995 (71) FLR 1011 (SC).
The Special Appeal is, accordingly, dismissed.
It would, however, be open to the appellant to move a representation against the transfer order after he joins at the transferred place as has been ordered by the learned Judge.
Order Date :- 24.5.2018
NSC
(Neeraj Tiwari, J.) (Dilip Gupta, J.)
2 issues framed by the court
Whether a civil employee elected as President of an association can be transferred by the competent authority.
Whether there is any policy bar against transferring an employee who holds a public office in an association.
Colour shows how this judgement treated each authority
Shilpi Bose & Ors. Vs. State of Bihar & Ors.Referred¶5
Shilpi Bose & Ors., Vs. State of Bihar & Ors., reported in 1995 (71) FLR 1011 (SC)
Ram Kishore Mishra
State Of U.P.
Dilip Gupta
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
