Allowed

Bhanu Pratap Singh v. State of U.P. and 3 Others

Allahabad HC9 Oct 2023WRIA/14236/2023

Case brief

AI extract

What is this about?

This court allowed a writ petition filed by a Junior Engineer seeking a relieving order to join a new posting. The court held that the Sub Divisional Magistrate was patently unlawful in denying relief due to administrative inconvenience, forcing the petitioner to stay at the transferred station, and directed immediate compliance.

What did the court decide?

The Sub Divisional Magistrate and District Magistrate ordered to relieve the petitioner on or before 13.10.2023 to join the new posting.

Bhanu Pratap Singh Vs State of U.P. and 3 Others — Service and Employment | Allahabad HC (2023)

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Court No. - 33

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Case :- WRIT - A No. - 14236 of 2023

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Petitioner :- Bhanu Pratap Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Varad Nath,Hariom Kamal Singh Counsel for Respondent :- C.S.C.,Sunil Kumar Misra

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Hon'ble J.J. Munir,J.

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A personal affidavit has been filed in compliance with the order dated 28.08.2023 by the Sub Divisional Magistrate, Sadar, DistrictKannauj. Let it be taken on record and numbered by the office.

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This writ petition has been filed by the petitioner, a Junior Engineer with the Regulated Area, Kannauj, praying that a mandamus be issued to the Sub Divisional Magistrate, Sadar, Kannauj to pass a relieving order, relieving the petitioner in compliance with the transfer order dated 14.06.2023 issued by Chief Town Planner, Town and Country Planning Department, Lucknow. The personal affidavit filed on behalf of respondent No. 2 shall be taken to be a counter affidavit in the writ petition.

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Admit.

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Heard forthwith.

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Heard Mr. Hariom Kamal Singh, learned counsel for petitioner, Mr. Promod Kumar Singh, Advocate holding brief of Mr. Sunil Kumar Misra, Advocate appearing on behalf of respondent No. 4 and Ms. Monika Arya, learned Additional Chief Standing Counsel on behalf of respondent Nos. 1 to 3.

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The petitioner was appointed on the post of surveyor/overseer in Town and Country Planning Department, Government of U.P. on 04.07.2003. He was posted at Meerut. Subsequently on 05.07.2017, the petitioner was transferred and posted at Kannauj as a Junior Engineer, Regulated Area, Kannauj. The petitioner claims to be discharging his

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duties diligently. The petitioner's case is that he represented on 12.06.2023 to Chief Town Planner, Town and Country Planning Department, Lucknow requesting for a transfer from Kannauj to Amroha. Whatever ground was disclosed by the petitioner, his representation came to be allowed by Chief Town Planner, Town and Country Planning Department by an order dated 14.06.2023, transferring the petitioner from Regulated Area Kannauj to Regulated Area Amroha in the same capacity, that is to say, a Junior Engineer. The transfer order dated 14.06.2023 passed by Chief Town Planner, Lucknow says that the order has to be complied within a week. It further says that in the event that the petitioner does not join at his place of posting, disciplinary proceeding would follow.

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It is the petitioner's case that after the transfer order was passed, a request was made to the Sub Divisional Magistrate, Sadar, Kannauj to relieve him, but no order relieving him was passed. In consequence, the petitioner was constrained to represent to the Sub Divisional Magistrate, requesting him to issue a relieving order, pointing out that if he does not join at his station of transfer, he will face disciplinary proceedings. The Sub Divisional Magistrate vide communication dated 07.07.2023 to the District Magistrate, Kannauj informed the District Magistrate her inability to relieve the petitioner. The Sub Divisional Magistrate, in her letter, taking note of the transfer order dated 14.06.2023, said that petitioner single-handedly handles all work in the area and no other Junior Engineer has yet been deputed on the post by Town and Country Planning Department.

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The petitioner once again represented on 08.08.2023 to the Sub Divisional Magistrate saying that it has been more than a month and a half since the transfer order was passed, and yet he has not been relieved to join at his station of transfer.

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On this Court requiring the Sub Divisional Magistrate Sadar, Kannauj to show cause, by affidavit, why the petitioner has not been relieved, this persoal affidavit has been filed today. In the personal

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affidavit filed by Avinash Kumar Gautam, Sub Divisional Magistrate Sadar, District Kannauj, the cause is disclosed in paragraph nos. 5, 6, 7 and 8 of the affidavit, that read:

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"5. That it is further submitted that in the office of Regulated Area Kannauj there is no other staff (Technical, Clerical, Class-IV) except the petitioner who is working as Junior Engineer in Regulated area, therefore, all the works of the regulated area, are conducted by the petitioner himself. Moreover entire record files and other records are consigned, maintained and preserved by the petitioner and if he is relieved from the office then it would adversely affect the functioning of regulated area resulting the trouble faced by the common man as there is not other technical hand to accept the charge or discharge his functions.

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That is pertinent to mention here that in the district a number of proposals have been received by the investors under Global Investors Summit (G-20) in regulated area Kannauj, those proposal would be adversely affected if the petitioner will be relieved without there being his alternative.

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That in this respect District Magistrate has been intimated and direction/guidelines were sought from him vide letter dated 17.06.2023, 07.07.2023 and in pursuance District Magistrate, Kannauj vide his letter dated 02.09.2023 referred to Principal Secretary, Uttar Pradesh Shashan, Awas Evam Shahri Niyojan Anubhag-6 requested for the posting of some other Junior Engineer for Regulated Area Kannauj or attach someone in the Regulated Area Kannauj so that the Government interest may not be affected and petitioner may be relieved from there. True copy of letters dated 17.06.2023, 07.07.2023 and 02.09.2023 are being annexed herewith and marked as ANNEXURE NO.-1, 2 and 3 to this affidavit.

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That in recital of aforesaid circumstances, the petitioner further moved a representation before the deponent on 03.07.2023, praying for relieving him from his posting; since no other substituent has been posted by the department of Urban and Rural Planning, U.P. in the regulated area Kannauj then in that case, if the petition is relieved from posting then it would impact the valuable investment proposed in t he district which will be against the interest of state and public."

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Upon hearing learned counsel for the parties, this Court is of opinion that the stand of the Sub Divisional Magistrate, or for that matter, the District Magistrate approving the Sub Divisional Magistrate is

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patently unlawful. It is well settled that once a transfer order is passed, the transferred employee has no business to stay at the station wherefrom he has been transferred. The law further obliges that the employee has to join at the station of transfer to which he has been posted by the competent authority. In this case, the competent authority, who has transferred the petitioner, is the Chief Town Planner, Town and Country Planning Department, Lucknow. The Sub Divisional Magistrate, Kannauj appears to be In-charge of the Regulated Area, Kannauj and has no business to deny relieving the petitioner, whatever be the necessity or exigency. It is for the Sub Divisional Magistrate to approach the Chief Town Planner or the State Government to make arrangements. He has no right because of the difficulty he would face in managing affairs at the Regulated Area Kannauj, to cause the transfer order passed by the authority of competent jurisdiction transferring the petitioner to be flouted. If the same act were done by the petitioner, he would have been visited with adverse consequences. The Sub Divisional Magistrate is acting no different in forcing the petitioner to stay at Kannauj where the petitioner has no business to stay any longer and discharge his official duties.

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In the result, this writ petition succeeds and is allowed. The Sub Divisional Magistrate Sadar, Kannauj and the District Magistrate, Kannauj both are ordered to relieve the petitioner on or before 13.10.2023 in the forenoon. The petitioner will be at liberty to join in accordance with the transfer order dated 14.06.2023 at the station of transfer i.e. Amroha on or before 17.10.2023 in the forenoon.

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Initially, this Court was inclined to recommend initiation of disciplinary action in the matter against the Sub Divisional Magistrate, but on certain circumstances being pointed by the Ms. Monika Arya, the learned Additional Chief Standing Counsel, this Court refrains for doing so, but with a warning to the Sub Divisional Magistrate not to indulge in such an act in the future.

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Let this order be communicated to the Sub Divisional Magistrate, Sadar, District Kannauj through the District Magistrate, Kannauj and the District Magistrate, Kannauj by Registrar (Compliance) within 48 hours. Order Date :- 9.10.2023 Sharad/-

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Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Bhanu Pratap Singh v. State of U.P. and 3 Others

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Bhanu Pratap Singh v. State of U.P. and 3 Others

Case brief

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