JAGNIOBAN SINGH Vs. CANE COMMISSIONER, LUCKNOW AND ANOTHER

JUDGEMENT

(1.) This petition pertains to transfer of a public servant. The petitioner has prayed for quashing of the order, dated 19-10-1989, Annexure-1, passed by Sri R. B. Bhaskar, opposite party No. 5, in his capacity as Cane Commissioner U. P. opposite party No. 1, whereby he has cancelled the order of transfer passed in respect of Sri Debi Dass opposite party No. 6, the consequence of which is that he will be retained at Pilibhit.

(2.) The petitioner was posted as Ganna Vikas Nirikshak (Krai)/Sachiv, Ganna Samiti, Hardoi (Growers), when by order, dated 22-6-1989, Annexure-2, he was transferred to Pooranpur, district Pilibhit in the same capacity. Sri Debi Dass, opposite party No. 6, who was posted at Pilibhit of Ganna Vikas Nirikshak/Sachiv was transferred to Bareilly. In pursuance of this order the petitioner joined at Pilibhit an 5-7-1989. Thereafter on 19-10-1989 the impugned order was passed by the Cane Commissioner whereby opposite party No. 6 Debi Dass has been posted in place of the petitioner at Pilibhit and the petitioner has been designated as Ganna Vikas Nirikshak (Vikas), Pilibhit. The consequence of this order is that the petitioner as well as Debi are not posted at Pilibhit but while Debi Das is posted as Ganna Vikas Nirikshak/Sachiv the petitioner is posted as Ganna Vikas Nirikshak only.

(3.) The impugned order has been challenged by the petitioner on the ground that it has been passed on extraneous consideration as a result of influence exercised upon the Cane Commissioner by opposite party No. 6. The petitioner's plea also is that by the impugned order he has been reverted from the post of Sachiv to the post of Ganna Vikas Nirikshak.