Nagendra Kumar Siddhu v. State of U.P. and 4 Others
Case brief
What is this about?
Writ petition challenging a transfer order in the Animal Husbandry Department; court found prima facie mala fide given five successive transfers, admitted the petition and suspended operation of the impugned transfer order, directing continued service and regular salary pending further orders.
What did the court decide?
Operation of impugned transfer order dated 28.06.2024 suspended until further orders; petitioner permitted to continue with regular salary.
What the court decided
Court No. - 5
Case :- WRIT - A No. - 9955 of 2024
Petitioner :- Nagendra Kumar Siddhu Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Astitva Srivastava,Pankaj Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble J.J. Munir,J.
Order on Writ Petition
Prima facie, the petitioner is a victim of three successive transfers, as would be evident from a perusal of paragraph nos. 8, 9 and 10 of the writ petition. During this period of time, the petitioner has already suffered four transfers and the impugned transfer order is the 5th. It was argued by Mr. Sharad Chandra Upadhyay, learned Standing Counsel most vehemently that the petitioner was never transferred out of Meerut Commissionerate Division, but in the instruction on which he relies, there is no categorical denial of the fact asserted in paragraph no. 8 of the writ petition that by order of 30.06.2022 the petitioner was transferred from Barola, Gautam Buddh Nagar to Doodhla, Saharanpur. Admittedly, Doodhla, Saharanpur is a different Commissionerate Division, different from Meerut Commissionerate. Prima facie , the impugned transfer order, which comes at the end of the successive transfer orders, appears to be mala fide.
Admit.
Issue notice.
Issues for consideration
1 issue framed by the court
Whether the impugned transfer order, being a fifth successive transfer, is mala fide?
Parties & counsel
- petitioner
Nagendra Kumar Siddhu
- respondent
State Of U.P.
Coram
J.J. Munir
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- WRIA/9955/2024
All orders in this case
3 orders share this CNR
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