GYAN PRAKASH SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) TARUN Agarwala, J. Heard Sri Om Prakash Tripathi, the learned Counsel for the petitioner, Sri Vinod Sinha, learned Counsel for respondent No. 5 and the learned Standing Counsel for the remaining respondents. This petition is being disposed of at the admission stage itself in view of the fact that the Stand ing Counsel has filed the counter affidavit and the petitioner has filed the rejoinder affidavit and the private respondent has appeared through his Counsel and has placed his submissions.

(2.) THE petitioner has challenged the transfer order dated 9th June, 2008, whereby he has been transferred from the seat of Arms Clerk to the post of Reader in the Court of Additional Magistrate, Bulandshahar. THE petitioner contended that by an order dated 28m June, 2007, the petitioner was posted as an Arms Clerk in the Collectorate of Bulandshahar, but respondent No. 5 manipulated and got himself posted on this seat by an order dated 13m November, 2007. THEreafter, another order dated 11th January, 2008 was passed whereby the petitioner was directed to again work as an Arms Clerk and now, by the impugned order, the petitioner has again been transferred at the instance of respondent No. 5 for ve?ted reasons a when serious allegations are levelled against respondent No. 5 and an enquiry has been initiated against him by an order dated 9. 4. 2008, a copy whereof is enclosed as Annexure-5 to the writ petition. THE petitioner also urged that respon dent No. 5 had committed various irregularities while working as an Arms Clerk earlier and was issued a punishment order in the year 1991.

(3.) SRI Vinod Sinha, the learned Counsel for respondent No. 5 has specifically contended that he has unnecessarily been dragged in this controversy and that a wrong impression against him has been portrayed by the petitioner before this Court and submitted that the punishment awarded to the petitioner in the year 1991 had been set aside. The learned Counsel further submitted that against the transfer order dated 13th November, 2007, the petitioner had filed a Writ Petition No. 58211 of 2007 which was dismissed summarily by an order dated 27th November, 2007.