Partly allowed

Ajay Kumar Singh v. Superintending Engineer, 14TH Circle Irrigation Works, Azamgarh and 5 Ors.

Allahabad HC28 Aug 2018SPLA/789/2018

Case brief

AI extract

What is this about?

Special Appeal dismissing writ petition challenging transfer and salary stoppage. Court upheld transfer as administrative measure to prevent interference with inquiry but quashed salary stoppage, directing payment of dues.

What did the court decide?

Order dated 13.07.2018 regarding transfer upheld; stoppage of salary directed to be withdrawn and dues released forthwith.

Ajay Kumar Singh Vs Superintending Engineer, 14TH… — Service and Employment | Allahabad HC (2018)

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Court No. - 21

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Case :- SPECIAL APPEAL No. - 789 of 2018

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Appellant :- Ajay Kumar Singh Respondent :- Superintending Engineer, 14th Circle Irrigation Works, Azamgarh And 5 Ors Counsel for Appellant :- Indra Raj Singh,Adarsh Singh,Deo Prakash Singh Counsel for Respondent :- C.S.C.,Ashok Kumar Tripathi (Now Ashok Tripathi)

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Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.

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This appeal is preferred before us to examine correctness of the order dated 08.08.2018 passed by learned single Bench in Writ - A No. 16169 of 2018.

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Under the judgment aforesaid, learned single Bench refused to interfere with the order dated 13.07.2018 passed by Superintending Engineer, 14th Circle, Irrigation Works, Azamgarh transferring the appellant-petitioner from the office of Executive Engineer, Sharda Sahayak Division36, Jaunpur to the office of Sharda Sahayak Division-16, Sultanpur.

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In brief facts of the case are that on 13.06.2018 the Executive Engineer, Sharda Sahayak Division-36, Jaunpur informed the Superintending Engineer, 14th Circle, Irrigation Works, Jaunpur about some misconduct committed by the appellant-petitioner. While communicating the facts to the Superintending Engineer, the Executive Engineer made a recommendation for placing the appellant-petitioner under suspension. Under the same order he also stopped payment of salary to him. Subsequent thereto under an order dated 13.07.2018 the Superintending Engineer transferred the appellantpetitioner from Janpur to Sultanpur apprehending interference by the appellant-petitioner with evidence that may be laid in the course of inquiry.

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Aggrieved by the order dated 13.07.2018 and also stoppage of payment of salary under order dated 13.06.2018, appellant-petitioner preferred a petition for writ, that came to be dismissed under the order impugned.

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As per learned counsel appearing on behalf of the appellant-petitioner the order of transfer is an order stigmatic and as such the same is bad in eye of law. It is further submitted that the Executive Engineer had no authority to stop the payment of salary to the appellantpetitioner and as such, such stoppage is not only illegal but also reflects malafide on the part of respondents in effecting the transfer from Jaunpur to Sultanpur.

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On going through the entire record, we do not any merit in the argument to the extent that relates to the challenge to order of transfer dated 13.07.2018. The transfer has been effected only to avoid interference by the appellantpetitioner in the enquiry said to be pending against him. The order dated 13.07.2018 is apparently in administrative exigency.

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So far as stoppage of payment of salary under the order dated 13.06.2018 is concerned, we are of the considered opinion that the Executive Engineer had no authority to do so.

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In view of whatever stated above, we deem it appropriate to dispose of this appeal by maintaining the order dated 13.07.2018 transferring the appellant-petitioner from Jaunpur to Sultanpur. However, appellant-petitioner shall be entitled for payment of salary in accordance with the applicable rules. Dues of his salary are also required to be released forthwith.

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Order Date :- 28.8.2018 Prajapati

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[Chandra Dhari Singh, J] [Govind Mathur, J]

Ajay Kumar Singh v. Superintending Engineer, 14TH Circle Irrigation Works, Azamgarh and 5 Ors.

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Ajay Kumar Singh v. Superintending Engineer, 14TH Circle Irrigation Works, Azamgarh and 5 Ors.

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