LAWS(ALL)-2008-2-61

MOHD ZEESHAN Vs. STATE OF U P

Decided On February 25, 2008
MOHD ZEESHAN Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) PANKAJ J. The petitioner is an Assistant tax Superinten dent (Tax and Revenue Inspector) which is a class III post governed by the U. P. Palika Centralized Services Rules, 1966. Rule 25 of the aforesaid Rules empow ers the State Government to transfer any officer of the Centralized Service from one Palika to another.

(2.) IN exercise of the said power, the petitioner has been transferred from Nagar Palika, Parishad Chandpur, Bijnor and has been attached to the Director ate without assigning any duties. This order of transfer/attachment dated 31st January, 2008 passed by the Chief Secretary has been impugned in the writ petition on the ground of malafidies and on the ground that it has been passed without application of mind by the authority concerned simply on the dictates of a political personality.

(3.) SRI U. N. Sharma, learned Senior Advocate assisted by SRI Suneet Kumar, learned Counsel for the petitioner has submitted that the petitioner has been transferred only on the basis of a letter written by one former member of the Lok Sabha and the Zila Parabhari, Bijnor U. P, of the BSP to the effect that the work ers of the BSP have made complaints to him that the petitioner is working in the interest of the Samajwadi Party and his actions are contrary to the policies of the BSP. Therefore, he should be transferred from Chandpur.