Kripa Shankar Yadav v. State of U.P. and 3 Others
Case brief
What is this about?
The High Court set aside an order denying the petitioner's request for transfer. While noting the petitioner had forgone promotion thrice, the Court ruled the order unsustainable as no indiscipline was pleaded. The matter was remanded to look into the grievance within two weeks.
What did the court decide?
The impugned order denying transfer was set aside and the matter was remanded to the competent authority to look into the grievance and pass appropriate order within two weeks.
What the court decided
Court No. - 83
Case :- WRIT - A No. - 900 of 2020
Petitioner :- Kripa Shankar Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamlesh Kumar Yadav,Fazal Kareem Zafari Counsel for Respondent :- C.S.C.,Anant Kumar Tiwari
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the parties.
The petitioner is before this Court assailing the validity of the order dated 10.12.2019 passed by second respondent by which the request of the petitioner for transfer has been denied at this stage.
On the matter being taken up on 18.2.2020, the Court has proceeded to pass the following order:-
"Sri Anant Tiwari has entered appearance on behalf of respondents no.2 to 4.
He prays for and is granted one week's time to obtain instructions whether there is any vacant post of Senior Assistant in any district adjoining district Ghazipur and in case there is any vacancy, what would be the difficulty in posting the petitioner in such district.
Put up as fresh on 27.2.2020 showing name of Sri Anant Tiwari as counsel for the respondents."
Issues for consideration
2 issues framed by the court
Whether the administrative order denying transfer of the petitioner based on past forgone promotions is valid in the absence of indiscipline.
Whether the petitioner is entitled to transfer to a district where a vacancy for Senior Assistant exists after his grant of promotion.
Parties & counsel
- petitioner
Kripa Shankar Yadav
- respondent
State Of U.P.
- respondent
Respondent No. 3
- respondent
Respondent No. 4
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- WRIA/900/2020
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