STATE OF U P Vs. SIYA RAM

JUDGEMENT

(1.) Leave granted.

(2.) While respondent No. 1 was functioning as an Executive Engineer (Mechanical), Irrigation Division-I, Government of U.P., he was transferred from the Tubewell Division-I, Ghazipur to the office of Joint Chief Engineer, Tubewell East, Faizabad. The transfer order dated 23-10-2002 shows that the transfer was on administrative grounds.

(3.) The said order of transfer of respondent No. 1 having been quashed by a Division Bench of the Allahabad High Court, State of U.P. is in appeal. The respondent filed a writ petition in the Allahabad High Court questioning the order of transfer. The primary stand taken in the writ application was that the order of transfer was as a measure of punishment. An enquiry in a departmental proceedings had been initiated. Without affording him an opportunity of being heard, the transfer was done as a measure of punishment. The disciplinary action which was taken against respondent No. 1 pursuant to the enquiry conducted was referred to the Uttar Pradesh Public Service Commission for approval. But it was not approved. The present appellant-State filed a counter-affidavit taking the stand that the transfer of the writ petitioner was on administrative grounds and merely because the writ petitioner was transferred to a non-working post that did not in any way vitiate the order of transfer.