Disposed

Amit Kumar Dubey v. State of U.P. and 4 Others

Allahabad HC7 Jul 2020WRIA/4389/2020

Case brief

AI extract

What is this about?

The petition challenged a transfer order as stigmatic, relying on a Government Order. The Court cited Apex Court precedents stating that transfer is within the authority's domain and inconvenience cannot be a ground for interference. The petition was disposed of with a direction to approach the competent authority.

What did the court decide?

Petitioner directed to approach competent authority within a week; no specific relief granted pending such representation.

Amit Kumar Dubey Vs State of U.P. and 4 Others — Service and Employment | Allahabad HC (2020)

¶1

Court No. - 83

¶2

Case :- WRIT - A No. - 4389 of 2020

¶3

Petitioner :- Amit Kumar Dubey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prashant Sharma Counsel for Respondent :- C.S.C.

¶4

Hon'ble Mahesh Chandra Tripathi,J.

¶5

Heard learned counsel for the parties.

¶6

The petitioner, who is serving as Block Program Manager, is assailing the validity of the transfer order dated 14.03.2020/20.03.2020 passed by the In-charge Medical Officer, Prathmik Swasth Kendra, Rampur Karkhana, Deoria, whereby he has been transferred from Prathmik Swasth Kendra, Rampur Karkhana to Chief Medical Officer, Deoria.

¶7

Learned counsel for the petitioner submits that so far as the order impugned is concerned, the same is stigmatic in nature. In support of his submission, he has relied upon the Government Order dated 07.03.2019 which contemplate the process to initiate the disciplinary action and as such, it is contended that order impugned is unsustainable in the eyes of law.

¶8

Learned Standing Counsel has vehemently opposed the writ petition and submits that there is hardly any scope of interference with the order impugned in view of the dictum of Apex Court in the cases of Mrs. Shilpi Bose and others Vs. State of Bihar and others 1995 (71) FLR 1011 (SC); State of U.P. Vs. Gobardhan Lal AIR (2004) SC 2165; Union of India and others Vs. Janardhan Debanath and another (2004) 4 SCC 245 and S.C. Saxena Vs. Union of India and others (2006) 9 SCC, page 583 .

¶9

Transfer and posting are within the domain of the authority concerned and it is for the authority to decide and determine as to where an incumbent is to be posted and as to where his/her services are to be best utilized. The issue of convenience and inconvenience is also be examined by the authority concerned and not by this Court.

¶10

In view of this, as far as this Court is concerned, this Court cannot come to rescue of the petitioner and remedy of petitioner is to represent his claim before the competent authority and in case such a representation is moved within a week from today, definitely the authority concerned would pass an appropriate

¶11

order expeditiously, preferably within a period of four weeks thereafter, keeping in mind the guidelines provided in Government order dated 07.03.2019.

¶12

With the above observations/directions, present writ petition is disposed of .

¶13

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

¶14

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

¶15

Order Date :- 7.7.2020 A. Pandey

Amit Kumar Dubey v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Amit Kumar Dubey v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Kripa Shankar Yadav Vs State of U.P. and 3 Others

Santosh Dhar Dwivedi Vs State of U.P. and 3 Others

Rampal Vs State of U.P. and 2 Others

Shakti Singh Vs State of U.P. and 2 Others

Krishan Dutt Sharma Vs State of U.P. and 3 Others

Ravindra Mehta and 5 Others Vs State of U.P. and 2 Others