LUXMI NARAIN KHARE Vs. SECRETARY, PANCHAYAT RAJ ANUBHAG

JUDGEMENT

(1.) Learned Standing Counsel is granted one month's time to file counter affidavit. Sri Ashok Bhushan has appeared for the respondent No. 6 and may file counter affidavit within the same period. Issue notice to respondents 3, 4 and 5 returnable at an early date. List in the week commencing 11th Feb. 2000.

(2.) A perusal of Annexure 1 to the writ petition which is a letter of the M.L.A., Sikandra Rao, Hathras dated 1.12.1999 shows that the M.L.A. wrote a letter to the Minister for transferring the petitioner inter alia on the ground that the petitioner was doing activities against the interest of the ruling party. Prima facie it appears to us that this letter was the basis for the petitioner's transfer dated 4.1.2000. In our prima facie opinion, the impugned transfer order is illegal as it has been made at the instance of the M.L.A., and our view is supported by the Division Bench decision of this Court in Pradeep Kumar Agarwal Vs. Director Local Bodies, U.P. and another, 1995 (68) FLR 879 .

(3.) We, therefore, stay the operation of the impugned order, dated 4.1.2000 till further orders of this Court.