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Smt. P. Balasubramanian v. Food Corporation Of India Thru' Chairman And Others - WRIT - A No. 50528 of 2005 [2005] RD-AH 1790 (28 July 2005)


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Civil Misc. W.P. No. 50528 of 2005

Hon'ble Sushil Harkauli J.

Hon'ble G.P. Srivastva, J.

The petitioner who is a lady aged about 55 years has approached this Court by means of this writ petition with a serious complaint. According to the petitioner, she was transferred from Jhansi to Azamgarh by order dated 9/10.6.2005 and the said transfer order was cancelled on 1.7.2005 but R.P. Misra, District Manager, Food Corporation of India, Jhansi is not permitting the petitioner to join back at Jhansi on account of an attitude of sexual harassment.

It was revealed by the learned counsel for the respondent that after the transfer cancellation order dated 1.7.2005, another order was passed on 4.7.2005 transferring the petitioner. The respondent submitted that the petitioner's transfer cancellation order dated 1.7.2005 stood superseded by the new transfer order dated 4.7.2005 because of which the petitioner could not be permitted to join back at Jhansi. According to the respondent, this story of sexual harassment was concocted by the petitioner in an attempt to obtain a stay order from this Court.

Neither the petitioner nor R.P. Misra are new to Jhansi. When the petitioner was transferred by the order dated 9/10.6.2005, the petitioner made a representation dated 30.6.2005 praying that she should continue to remain posted at Jhansi and be retained in the same Jhansi district office on account of her alleged illness and on account of her son aged 12 years studying at Jhansi. The alleged sexual harassment did not deter the petitioner at that point of time from seeking to continue in the same office.

It would, therefore, appear that the contention of the respondent is correct that the petitioner deliberately concealed the fact of the fresh transfer order dated 4.7.2005 and concocted the story of sexual harassment to take undue advantage of her being a lady. At this point of time, we may recall that the petitioner is aged about 55 years and is not a young girl.

By our order dated 21.7.2005, we gave the petitioner an opportunity to explain her conduct regarding non-disclosure of the transfer order dated 4.7.2005. We had also made it clear in that order dated 21.7.2005 that we were not impressed by the hollow excuse that the petitioner was not aware of the transfer order dated 4.7.2005 at the time when she swore the affidavit supporting this writ petition on 12.7.2005.

The petitioner has given her explanation on affidavit which again sets out a story which appears to be concocted and does not offer any worthwhile explanation regarding the non-disclosure.

We are, therefore, satisfied that the petitioner is guilty of deliberate concealment of a most material fact in this writ petition, and has thereby attempted to obtain an interim order of stay for continuing at Jhansi, in which attempt she might have succeeded but for the timely appearance of the respondents.

We are, therefore, dismissing this writ petition with special costs of Rs. 5000/- (Rupees Five thousand only) payable by the petitioner to the "High Court Legal Services Committee, Allahabad", within one month failing which the money may be realised from the petitioner as arrears of land revenue.

The only reason we are not imposing heavier costs is that the petitioner is a lady and has a young son.

This writ petition is dismissed as above.

Dated : 26.7.2005



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