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Ram Nath Yadav v. State Of U.P. & Others - SPECIAL APPEAL No. - 1636 of 2007 [2007] RD-AH 18464 (29 November 2007)

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Special Appeal No. 1636 of 2007

Ram Nath Yadav vs. State of U.P. and others


Hon'ble H.L.Gokhale,CJ

Hon'ble Pankaj Mithal,J

Date: November 29, 2007

Oral Judgement (Per:H.L.Gokhale,CJ)

1. Heard Mr. V.K. Singh, learned Sr. Advocate with Mr. S. Shekhar in support of this appeal. Mr. Y.K. Srivastava appears for respondent no. 1. Mr. Chandra Shekhar Singh appears for respondent nos. 2 to 4.

2. The appellant is a Market Supervisor for a Market Committee. He was earlier working at Bharthana and he was transferred to Kanpur on his representation sometimes in February, 2006. Now he has been transferred to Farrukhabad vide order dated 28.6.2007. He has also been relieved from 9.7.2007. He made a representation. The representation was on the ground that he had undergone a heart surgery. The representation was considered. It is seen that the appellant had undergone a heart surgery way back in the year 1995. Impugned order passed on the representation states that no specific particulars about any treatment in Kanpur were produced before the officer concerned.

3. That apart, it is also recorded that the functioning of the appellant in Kanpur was doubtful. It is for this reason that the representation was rejected. The appellant filed a writ petition. The health problem of the appellant was once again emphasized. It was pointed out that in another order where a person was suffering from cancer and is due to retire in June, 2008, the same learned Single Judge has passed an interim order. The appellant submits he is retiring in November, 2008. Therefore, he should be retained at Kanpur.

4. We have heard learned counsel for the appellant and we have considered the factors leading to his transfer.

5. In our view, the authorities have given cogent reason as to why the representation cannot be accepted. The case of a cancer patient is different. The appellant had undergone an open heart surgery some ten years ago.

6. That apart, there appears to be some doubt about his functioning. In these circumstance, if the authorities have transferred the appellant, there cannot be any error on their part. The learned Single Judge is right in dismissing the petition. The appeal is dismissed.


RK/ (Chief Justice)

(Pankaj Mithal,J)


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