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2014 DIGILAW 1947 (ALL)

Swatantra Prakash Gupta v. State of U. P.

2014-07-04

D.Y.CHANDRACHUD, DILIP GUPTA

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JUDGMENT Hon'ble Dilip Gupta, J. An earlier Public Interest Litigation (PIL 41437 of 2013) was filed by the petitioner, raising a grievance to the effect that in District Badaun, the policy of the Government pertaining to transfer and posting of ministerial employees in the Collectorate and Tehsils issued by the Board of Revenue on 20 June 2008, had not been complied with. As a result, ministerial employees were posted on a particular post for long periods, Consequent upon which, they have developed vested interests leading to the public interest being affected. By an order dated 31 July 2013, the Division Bench directed the District Magistrate to consider the issue raised and take an appropriate decision in accordance with the Government policy dated 20 June 2008 or any modification thereof. In pursuance of the order, the District Magistrate took a decision on 30 September 2013 and rejected the representation. However, on 20 November 2013, the Additional Commissioner, acting on behalf of the Commissioner, addressed a communication to the District Magistrate, Badaun stating that the order dated 30 September 2013 has not considered the matter in its proper perspective as required by the decision of this Court. Hence, the District Magistrate was requested to reconsider the matter. No decision appears to have been taken thereafter by the District Magistrate, Badaun after the communication was issued to him on 20 November 2013 by the Additional Commissioner. In this view of the matter and without expressing any opinion on the merits of the case, it would be appropriate if this Court would direct the District Magistrate to respond to the communication dated 20 November 2013 of the Additional Commissioner (Annexure 11) and to take a decision in accordance with law in pursuance of the earlier order passed by the Division Bench as noted above. The petition is, accordingly, disposed of with the aforesaid direction. There shall be no order as to costs.