Dismissed

Sabir Ali v. State of U.P. and 4 Others

Allahabad HC19 Dec 2018WRIA/26202/2018

Case brief

AI extract

What is this about?

The Single Judge dismissed the writ petition filed by a retiring employee challenging his transfer on administrative grounds. Although the employee was found guilty in a departmental inquiry for inefficiency and theft, the Court distinguished the precedent where the appellant faced punitive transfer after two failed inquiries. As no punishment had been imposed yet, the Court found no ground to int

What did the court decide?

The writ petition was dismissed without any alternative order or direction being granted.

Sabir Ali Vs State of U.P. and 4 Others — Service and Employment | Allahabad HC (2018)

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Court No. - 16

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Case :- WRIT - A No. - 26202 of 2018

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Petitioner :- Sabir Ali Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Nabi Ullah,Syed Aslam Ali Counsel for Respondent :- C.S.C.,Chandan Agarwal

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Hon'ble Mrs. Sangeeta Chandra,J.

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(Oral)

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Heard learned counsel for petitioner and Shri Chandan Agarwal who has produced before this Court a copy of inquiry report submitted by the Executive Engineer, Electricity Urban Distribution Division - 7th, Ghaziabad.

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From a perusal of the inquiry report and the reply of the petitioner to the charge sheet it is apparent that the petitioner has been found guilty by the Inquiry Officer of not showing due diligence in stopping the line losses and theft of electricity. He has also not been found diligent in recovery of electricity dues from the consumers. The inquiry report submitted by the Inquiry Officer finds the petitioner guilty of aforesaid charges that were levelled against the petitioner and had recommended disciplinary proceedings/punishment order to be passed in the case of petitioner.

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It is apparent that the petitioner has been transferred on administrative grounds by taking prior approval from the independent Committee as is evident from the impugned order of transfer itself.

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This Court is aware of the judgment rendered by the Hon'ble Supreme Court in the case of Somesh Tiwari Versus Union of India, (2009) 2 SCC 592 However, the said judgment would not apply to the facts of the case of petitioner as in Somesh Tiwari's case twice inquiry was done against the appellant but the charges remained unsubstantiated and yet the appellant was transferred. In the case of petitioner it is open for the respondents to take a less punitive attitude towards the petitioner who is about to retire shortly. They have only transferred him from a field office to the Chief Engineer Office on administrative grounds and have not taken

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any decision yet to impose punishment on the petitioner.

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This Court therefore does not find any good ground to interfere in the order impugned.

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The writ petition is dismissed.

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Order Date :- 19.12.2018 LBY

Sabir Ali v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Sabir Ali v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

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