Dismissed

Sanjeev Kr. Jain v. State of U.P. and Others

Allahabad HC13 Sept 2018WRIA/59867/2008

Case brief

AI extract

What is this about?

This writ petition arose from the dismissal of a transfer order against the petitioner, a government employee. The court observed that the petitioner, whose family had moved, could not establish malafide intentions or statutory infraction. Postponing previous interim stay, the court dismissed the petition allowing fresh transfer orders if necessary.

What the court decided

AI extract

Sanjeev Kr. Jain Vs State of U.P. and Others — Service and Employment | Allahabad HC (2018)

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Court No. - 28

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Case :- WRIT - A No. - 59867 of 2008

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Petitioner :- Sanjeev Kr. Jain Respondent :- State Of U.P. & Others Counsel for Petitioner :- Anita Tripathi Counsel for Respondent :- C.S.C.,Baleshwar Chaturvedi,J.P. Pandey

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Hon'ble Ajay Bhanot,J.

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The matter is being called out in the revised list. None appears on behalf of petitioner as well as on behalf of respondents to press this writ petition though names of counsel for the petitioner and respondent are shown in the cause list. Learned Standing Counsel on behalf of State is present.

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The petitioner was transferred from Shikohabad to Agra on 22.6.2008 subsequently the petitioner was transferred from Agra to Banda by order dated 10.11.2008.

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The petitioner has assailed the order dated 10.11.2008 passed by the respondent no.4.

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The petitioner claims that his father is suffering from cancer and his children are studying in District Agra. In the counter affidavit the contentions of the learned counsel for the petitioner have been refuted and it has also been brought in the record that large number of complaints were being received against the petitioner. The petitioner harassed the electricity consumers.

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Transfer is an incident of service and no employee has a right to continue indefinitely at one place of posting. Transfer order can be challenged only if it is actuated by malafides or there has been any infraction of any statutory provisions. None of these grounds have been made out in

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the writ petition. The order of transfer does not suffer from any infirmity. An interim order was granted by this court on 21.11.2008 staying the transfer order dated 10.11.2008. The transfer order as well as interim order have lost their efficacy. No subsequent development has been brought in the record by the petitioner.

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In the light of above facts, it is open to the respondent authorities to pass a fresh transfer order, if so required, in accordance with law.

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The writ petition is dismissed.

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Let a copy of this order be provided to learned Standing Counsel to communicate the competent authority for compliance.

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Order Date :- 13.9.2018 Pramod

Sanjeev Kr. Jain v. State of U.P. and Others

Case brief

What is this about?

What the court decided

Sanjeev Kr. Jain v. State of U.P. and Others

Case brief

What is this about?

What the court decided

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