JOKHU PRASAD TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner Sri Jokhu Prasad Tripathi who holds the post of Deputy Director Agriculture (Prasar) was transferred from Jhansi to Gorakhpur on 15-6-1997. Merely with in a period of less than three months he was transferred to Lucknow and posted as Project Officer (D. P. A. P/p. P. M. Cell) Secretariat. This order has been assailed in the present writ petition.

(2.) WE have heard Sri S. N. Shukla, learned Counsel appearing on behalf of the petitioner, Sri Umesh Narain Sharma, (who has filed an application for impleadment, which did not find favour with this Court but under the rules of the Court was allowed a hearing) as well as, the learned Standing Counsel and Sri Amrendra Nath Singh, learned Counsel appearing on be half of Sri Kunwar Fateh Bahadur Singh, respondent No. 4, at considerable length.

(3.) IT was vehemently argued by the learned Counsel for the petitioner that the impugned transfer order amounted to a punishment. The argument is miscon ceived. If that contention is accepted, even then in such situations, where complaints are made against an officer, two options are open before the appointing authority, either to proceed against such an officer by holding a disciplinary enquiry or to trans fer him from the present place of posting casting no stigma on his character and conduct. In the present case, the State Government opted to transfer the petitioner to Lucknow and attached him to Secretariat.