Petitioner challenged order directing him to hand over management charge of Pesticide Section to colleague. Court held administrative shift without proof of rights violation does not warrant writ intervention. Writ dismissed.
Petitioner directed to hand over charge; writ petition dismissed.
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Court No. - 35
Case :- WRIT - A No. - 10715 of 2021
Petitioner :- Dinesh Prasad Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ravindra Sharma Counsel for Respondent :- C.S.C.
Hon'ble Vivek Agarwal,J.
None for the petitioner.
Petitioner has filed this petition being aggrieved of order dated 30.07.2021 passed by Zila Krishi Raksha Adhikari, Kushinagar in compliance of order passed on 30.06.2021 in Writ A No. 5702 of 2021 whereby at the instance of Umesh Chand Dubey, a direction was given to respondent no. 4 to decide his representation within three weeks from today strictly in accordance with law and preferably within a period of two months thereafter.
A perusal of order dated 30.06.2021 passed in Writ A No. 5702 of 2021 reveals that Umesh Chand Dubey was posted as 'Senior Assistant' in the Office of respondent no. 4. He was placed under suspension in the year 2018 and thereafter, suspension order was revoked, but no work was assigned to the petitioner, therefore, he filed a writ petition.
In that backdrop, impugned order has been passed, asking the present petitioner to handover the charge of Management of Pesticide Section to respondent no. 6-Umesh Chand Dubey, which is only an administrative arrangement and does not call for any interference in exercise of writ jurisdiction, especially, when petitioner has failed to demonstrate that any of his fundamental rights or statutory rights have been breached on account of shifting of charge of one particular section from one employee to another employee, working in the same department. Thus, petition fails and is dismissed.
Order Date :- 1.10.2021 Vikram/-
3 issues framed by the court
Whether shift of management charge of a section from one employee to another constitutes breach of fundamental or statutory rights.
Whether administrative allocation of charge calls for writ jurisdiction.
Whether petitioner demonstrated violation of rights due to transfer of charge.
Dinesh Prasad
State Of U.P.
Vivek Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
