JAGVIR SINGH TALAN Vs. STATE OF U P

JUDGEMENT

(1.) PALOK Basu and M. C. Agarwal, JJ. Being primarily aware that in rarest of the rare cases this Court exercise powers under Article 226 of the Constitution of India in so far as it relates to transfer of government servants, this is one instance where this, Court interfered by passing an interim order staying the transfer of the petitioner Jagvir Singh Talan and calling for counter affidavit. The standing Counsel was given time and accordingly, counter affidavit has been filed so much so that O. P. No. 5 Ravindra Prasad who has been posted in place of the petitioner, has also filed a counter affidavit and has been heard through his counsel. Rejoinder affidavit has been filed by the petitioner. As prayed, the writ petition is finally disposed of at the admission stage.

(2.) SRI. U. N. Sharma assisted by SRI. S. K. Rai for the petitioner, SRI. Pradeep Kumar, Standing Counsel for the State and its officials and Km. Bharti Sapru for op posite party No. 5 Ravindra Prasad have been heard at substantial length and entire record has been perused. It may be men tioned here that the standing counsel has produced before the Court a complete pho to state copies of the entire record of the department relating to the transfer matter.

(3.) COPIES of letter of the former mem ber of the Legislative Assembly as also other letters of local persons having political background have been annexed with the writ petition.