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Bhagwati Prasad Mishra v. State Of U.P. Thru' Prin. Secretary Nagar Vikas U.P. & Ors. - WRIT - A No. 33643 of 2006 [2006] RD-AH 11160 (10 July 2006)


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Court No. 52

Civil Misc. Writ Petition No. 33643 of 2006

Bhagwati Prasad Mishra


State of U.P. and others


Civil Misc. Writ Petition No. 26492 of 2006

Prakash Chandra Tiwari


State of U.P. and others

Hon'ble V.K. Shukla,J.

Bhagwati Prasad Mishra has approached this Court questioning the validity of the order dated 27.06.2006 passed by Additional Commissioner, Allahabad Division Allahabad transferring the petitioner from Nagar Panchayat, Sirathu, District Kaushambi to Nagar Panchayat, Sirsa, district Allahabad, as Executive Officer.

Brief facts giving rise to the instant writ petition is that Prakash Chandra Tiwari respondent no. 8 by the order of the State Government dated 18.01.2006 was transferred from Kanpur Nagar to Nagar Panchayat Sirthu, district Kaushambi as Executive Officer. On 01.02.2006 an order was passed by the Additional Commissioner, Allahabad Division Allahabad posting petitioner as full flegded Executive Officer at Nagar Panchayat, Sirathu, District Kaushambi. As to who should be perform duties as Executive Officer, Nagar Panchayat, Sirathu, dispute was raised in this respect by both the incumbents. Commissioner, Allahabad Division Allahabad in his wisdom on 23.02.2006 directed Prakash Chandra Tewari to join as Executive Officer, at Nagar Palika Chaial, District Kaushambi. Prakash Chandra Tewari was dissatisfied with the said order and he preferred Civil Misc. Writ Petition No. 12442 of 2006 and this Court on 28.02.2006 passed an order dismissing the aforesaid writ petition. After aforesaid order has been passed State Government in its turn on 04.04.2006 passed an order for enforcing order dated 18.01.2006 and for canceling order dated 23.02.2006 passed by  Commissioner, Allahabad Division Allahabad. After receiving the said letter Commissioner Allahabad Division Allahabad on 20.04.2006 sent a letter to the State Government seeking clarification in this respect and thereafter on 04.05.2006 an order was passed which was addressed to District Magistrate, Kaushambi mentioning therein that Bhagwati Prasad Tiwari, petitioner be permitted to continue at Sirathu and Prakash Chandra Tiwari, respondent no. 8 be permitted to continue at Chaial, district Kaushambi. Prakahs Chandra Tiwari at this juncture preferred Civil Misc. Writ Petition No. 26492 of 2006 wherein counter affidavit was invited.

During the pendency of the aforesaid writ petition again transfer order has been passed on 25.06.2006 transferring petitioner to Nagar Panchayat, Sirsa, Allahabad and placing Prakash Chandra Tiwari, respondent no. 8 at Nagar Panchayat, Sirathu, District Kaushambi. At this juncture present writ petition has been filed.

Counter affidavit has been filed on behalf of Prakahs Chandr Tiwari and therein it is sought to be contended that administrative decision has been taken and valid order of transfer has been passed, as such no interference be made.

After pleadings mentioned above have been exchanged, present writ petition has been taken up for final disposal with the consent of the parties.

Sri C.K. Parikh, Advocate representing petitioner contended with vehemence that in the present case  deliberate and willful attempt has been made to bypass the order passed by this Court on earlier occasion by transferring the petitioner and as such impugned order of transfer is liable to be interfered with and writ petition is liable to be allowed.

Sri Mool Behari Saxena, learned counsel representing respondent no. 8 countered the said submission by contending that valid transfer order has been passed and same requires no interference by this Court.

After respective arguments have been advanced, undisputed position is that in the past for holding the post of Executive Officer, Nagar Panchayat, Sirthu, District Kaushambi, Commissioner Allahabad Division Allahabad passed order on 23.02.2006 and said order has been affirmed by this Court and order passed by the Commissioner has been held to be valid. Current order of transfer dated 25.06.2006 clearly reflects that it is chain transfer for the next session covering numerous incumbents and therein it is not at all confined to petitioner and respondent no. 8. As it is annual chain transfer affected by the Commissioner, Allahabad Division Allahabad and this order of transfer has been made within the Division and it is an arrangement which is within domain of the Commissioner, as such earlier litigation is of no consequence, when fresh exercise of transfer has been undertaken.

Consequently, in the present case transfer being annual transfer, no interference is warranted, as such Civil Misc. Writ Petition No. 33643 of 2006 is dismissed and Civil Misc. Writ Petition No. 26492 of 2006 is also dismissed as having being rendered as infructuous.

No orders as to cost.

10th July, 2006



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