Disposed

Yashwant Singh v. State of U.P. and 7 Others

Allahabad HC24 Jul 2018WRIA/13921/2018

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What is this about?

The Court disposed of a writ petition challenging an arbitrary transfer of a government doctor. It held that issues regarding accommodation allotment and transfer legality require an inquiry by the concerned department with a hearing to the parties. The transfer was kept subject to that inquiry.

What did the court decide?

The writ petition was disposed of by directing respondent no.1 to examine the legality of transfer and accommodation allotment within two months after affording hearing.

Yashwant Singh Vs State of U.P. and 7 Others — Pension and Retirement Benefits | Allahabad HC (2018)

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Court No. - 58

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Case :- WRIT - A No. - 13921 of 2018

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Petitioner :- Yashwant Singh Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Vijay Gautam,Vinod Kumar Mishra Counsel for Respondent :- C.S.C.

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Hon'ble Ashwani Kumar Mishra,J.

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Petitioner has been transferred from J. K. Cancer Institute attached to the Medical College, Kanpur to Govt. Medical College, Kannauj, on administrative ground. The order is alleged to be arbitrary and it is claimed that the same has been passed for malafide considerations.

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A counter affidavit has been filed by Sri Mahendra Pratap, learned counsel for the respondent no.2, stating that the order of transfer has been passed on account of administrative ground as the petitioner has unauthorizedly entered into and occupied official accommodation, which has created difficulties for the authorities. A letter of the Principal of Medical College addressed to the Director General dated 17.7.2018 is brought on record. A previous letter dated 30.5.2018 has also been brought on record.

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A rejoinder affidavit has been filed stating that petitioner has been allotted official accommodation by the Director of the J.K. Cancer Institute. An order of allotment has also been brought on record. It is contended that petitioner being a valid occupant of the house has rightly occupied the premises.

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One of the issues that arises is as to who is the authority competent to allot official accommodation to an employee of the J.K. Cancer Institute. Admittedly, petitioner is an employee of the J.K. Cancer Institute. Petitioner has made allegations of malafide contending that the order of transfer has been passed with an intent to benefit respondent no.8 whose nephew is sought to be allotted the house which has been occupied by the petitioner. Respondent no.8 is said to be working in the office of Director General, and as such, the authorities are acting arbitrarily to extend undue favours.

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From the facts and circumstances, I am of the opinion that the issue as to whether petitioner was validly allotted official accommodation as well as who is the competent authority for the purposes can better be examined by respondent no.1, at the first instance. The issue of legality of transfer shall also be

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examined by respondent no.1, in view of the allegations made.

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Considering the fact that allegations are made against employee, who is working in the office of Director General, it is provided that respondent no.1 shall examine the matter, after affording opportunity of hearing to the parties concerned, within a period of two months from the date of presentation of certified copy of this order. The order of transfer under challenge shall be subject to the orders to be passed by respondent no.1.

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With the aforesaid observations/directions, this writ petition stands disposed of.

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Order Date :- 24.7.2018 Ashok Kr.

Yashwant Singh v. State of U.P. and 7 Others

Case brief

What is this about?

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Yashwant Singh v. State of U.P. and 7 Others

Case brief

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