OM PRAKASH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition, by Om Prakash Singh, challenges the order of transfer dated 27. 9. 2007, by means of which he has been transferred in public interest from Bhognipur Kanpur Dehat to Divisional Forest Officers, Badaun, on his substantive post. On the same very day, another transfer order was issued transferring respondent No. 4 R. K. Gangwar, from Badaun to Bhognipur, Kanpur Dehat in place of the petitioner. Both the aforesaid orders recite that the transfer is being effected in public interest.

(2.) THE ground of challenge to the transfer order is mainly the intervention of the State Minister, Independent Charge, Sports and Youth Welfare, namely; Sri Ayodhya Prasad Pal, who vide his letter dated 25th July, 2007 and again on 3rd September, 2007, has complained against the petitioner to the Chief Minister and consequently requested for transferring him from the present place of posting i. e. Kanpur Dehat and to post one R. K. Singh, in his place. However, Sri R. K. Singh could not be posted because of earlier litigation which took place between the petitioner and R. K. Singh, in Writ Petition No. 875 (SB) of 2006, in re: Rajendra Kumar Singh v. State of U. P. and others, which was disposed of vide order dated 1. 8. 2006. In pursuance of the order dated 1. 8. 2006 the State after transferring the respondent No. 4, in Kanpur Circle office, posted the Beldar in his place at Bhognipur, Kanpur Dehat.

(3.) A plea has also been raised by the State Counsel that since no notice has been issued to the respondent No. 5, therefore, the plea of malafide cannot be seen at this stage to which the petitioner has replied by saying that looking into the original record of the case as well as the pleadings of the parties including that of the State, it is a case of malice in law where the order has been passed on extraneous consideration and is contrary to law, therefore, notice need not be issued to the Minister viz the respondent No. 5 but the validity of the order can be seen in view of the aforesaid pleading of the parties. Earlier a litigation, i. e. Writ Petition No. 875 (SB) of 2006, decided on 1. 8. 2006, took place between the peti tioner and Sri Rajendra Kumar Singh. The petitioner of the said writ petition, namely; Rajendra Kumar Singh felt aggrieved by his transfer from Kanpur Dehat to Kanpur Circle, reference of which has been given above, but later on he recon ciled with his posting and the writ petition was decided accordingly on 1. 8. 2006.