ANSHUMAN SINGH SISODIA Vs. STATE OF U P

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned additional standing counsel.

(2.) Petitioner, a Junior Engineer in Jal Sansthan, Jhansi had challenged his transfer order dated 24.6.2003, Annexure-1 by which he has been transferred from Jhansi to Jal Sansthan, Kanpur. He has challenged his transfer order on the ground that he has been transferred on the dictate of Shri Babu Ram, M.Com. a Minister in the State Government who is M.L.A. from Oral constituency of Legislative Assembly. In support of the allegations of mala fide against the Minister, the petitioner has alleged that the Minister has made a political issue for his transfer. It is alleged that Shri Santosh Singh Ex. M.P. from Congress Party is his close relative and during the last election of the Minister, the petitioner's close relative Mr. Santosh Singh Ex. M.P. of Congress Party from Azamgarh was incharge of Jhansi Division and he had stayed some night at the residence of the petitioner during election of the Minister. Since the petitioner is a Thakur by caste, the Minister treats him the candidate of Mr. Chaturvedi and rival Congress candidate. He has further alleged that he has stopped giving work to a contractor Mr. Ran Vijay Singh who is close to the Hon'ble Minister.

(3.) Besides the allegations of mala fide against the Minister, it is contended by the petitioner that there are other engineers who are staying in District Oral for more than 10 years while he was at Oral since 15.6.1996. Further he has alleged that his children will suffer if he is transferred after the start of academic session.