Research › Search › Judgment

Allahabad High Court · body

2017 DIGILAW 236 (ALL)

Deepak Kumar Shah v. State of U. P Thru. Prin. Secy. Transport Deptt. Lko.

2017-01-17

NARAYAN SHUKLA, SHEO KUMAR SINGH-I

body2017
JUDGMENT Heard Mr. H.J.S. Parihar, learned Senior Counsel assisted by Ms. Meenakshi Singh Parihar, learned counsel for the petitioner as well as learned Additional Chief Standing Counsel. The petitioner has assailed the transfer order dated 03 January 2017, whereby he being Assistant Regional Transport Officer (Enforcement), Meerut has been transferred to Deoria. The learned counsel for the petitioner has submitted that since 2013 the petitioner has been transferred vide order dated 08 February 2013 from the post of Assistant Regional Transport Officer (Administration), Banda to Jaunpur, where he joined on 14.03.2013, then again within one year vide order dated 23.06.2014 he was transferred from District Jaunpur to District Meerut and now by means of transfer order impugned, he has been transferred to District Deoria. Thus it has been submitted that within four years the petitioner has been transferred to four places. It is stated that at the present place of posting, nobody has been posted to take over the charge of the petitioner. He has also taken stand that in terms of transfer policy the petitioner's transfer has not been approved by the Hon'ble Chief Minister, but on the basis of instructions, learned Additional Chief Standing Counsel has submitted that it has been approved by the Hon'ble Chief Minister. The learned counsel for the petitioner has opened the next limb of argument that the Model Code of Conduct issued by the Election Commission of India on 04.01.2017 provides that if any body has been transferred, but the same has not been implemented on the date of issuance of Model Code of Conduct, then the same shall be implemented only with the prior permission of Election Commission of India, whereas in this case no prior permission of the Commission was obtained. The petitioner has brought on record one letter dated 09 January 2017 written by the District Magistrate/District Returning Officer, Meerut whereby he has sought guidelines on the issue of petitioner's transfer in which it has been stated that petitioner has been assigned the Election duty as Co-Nodal Officer (Parivahan Vayastha). The recommendations of the District Magistrate is under consideration of the State Government for its decision. The recommendations of the District Magistrate is under consideration of the State Government for its decision. Therefore, at this stage, we feel it appropriate to dispose of the writ petition with direction to the State Government to take decision on the recommendation of the District Magistrate/District Returning Officer, Meerut within a week from the date of communication of this order and if it is needed so, the petitioner's matter may be referred to the Election Commission of India for his concurrence. With the aforesaid observation, the writ petition stands disposed of. At this stage the petitioner has also permitted to make a fresh representation to the Election Commission of India.