SURVESH CHAND GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner herein, was posted as Chief Pharmacist in C.M.S.D. Store, District Hospital, Azamgarh under Chief Medical Officer (in short C.M.O.), Azamgarh. He was transferred to Ballia by means of the order dated 23.9.2000 and by another order dated 26.9.2000 the respondent No. 6 was accommodated by transferring him on the post on which the petitioner was working. The two orders aforementioned are under challenge in the present writ petition.

(2.) Earlier to the impugned transfer order dated 23.9.2000 the petitioner was subjected to transfer from Azamgarh to Gorakhpur by means of the order dated 22.4.1999 which the petitioner challenged in writ petition No. 20903 of 1999 inter alia on the ground that the order impugned therein was passed under political pressure to accommodate one Sri H.N. Singh (respondent No. 6). This Court passed the interim order dated 20.5.1999 staying the operation of the transfer order dated 22.4.1999. The respondents in vindication of their authority ignored the stay order dated 20.5.99 and sent a letter dated 28.2.2000 addressed to the C.M.O., Azamgarh by name requesting him to relieve the petitioner of his charge as Chief Pharmacist in compliance of his transfer order dated 22.4.1999. By another order dated 3.4.2000 the respondent No. 6 Sri H. N. Singh was posted as Chief Pharmacist in place of the petitioner though the respondent No. 6 could not be promoted as Chief Pharmacist. The aforestated two orders came to be challenged In writ petition No. 19122 of 2000 and this Court by interim order dated 21.4.2000 stayed the operation of orders impugned therein till further orders. The aforestated two writ petitions i.e. Writ Petition No. 20903 of 1999 and Writ Petition No. 19122 of 2000 however, came to be dismissed as having become infiructuous in view of the orders dated 23.9.2000 and 26.9.2000 being impugned in the present writ petition.

(3.) The petitioner contends that the impugned orders have been passed in utter disregard of the order dated 30.9.1999 passed in writ petition No. 35242 of 1998 directing the respondents to pass orders independently in accordance with law, without being influenced by political maneuvering; the impugned orders on the face of it, have been passed on the behest of the politicians to accommodate the respondent No. 6 as Chief Pharmacist in C.M.S.D. Store, in place of the petitioner; the politicians belonging to the Ruling Party (BJP) and the bureacrats have made it their prestige issue as the earlier transfer order of the petitioner was stayed by this Court, the respondent No. 6 is facing disciplinary proceedings as well as criminal case under Prevention of, Corruption Act before Special Judge, Gorakhpur in Special Trial No. 94 of 1997 and is not a Chief Pharmacist; the respondent No. 6 is also guilty of forgoing letters; in vigilance enquiry he is found to have committed financial irregularities while posted in C.M.S.D. Store, Azamgarh; the petitioner, being President of Diploma Pharmacist Association, District Azamgarh, his transfer is unwarranted under the guidelines; there exists no administrative ground at all except to oblige respondent No. 6. On the strength of the facts and events aforestated, the petitioner is seeking issuance of writ of certiorari quashing the orders being impugned herein.