PRAYAG LAL GAUTAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By means of this writ petition under Article 226 of the Constitution of India under Article 226 of the Constitution of India, the petitioner has challenged the validity and propriety of the order of transfer dated 3-2-1999, Annexure 5 to the writ petition, passed by the respondent No. 2 transferring him from the post of Assistant Basic Siksha Adhikari (Nagar), Mirzapur to Shahganj, Jaunpur. It is prayed that the said order be quashed and the respondents be directed not to interfere in the functioning of the petitioner on the said post at Mirzapur. An interim order staying the transfer of the petitioner was originally passed by Hon'ble V.M. Sahai, J. on 8-3-1999. The said order was recalled by him on 10-5-1999 as the Bench which he was presiding was not the appropriate Bench to take cognizance of the matter. The matter, therefore, came to be heard before the appropriate Bench presided over by Hon'ble M. Katju, J. who stayed the operation of the transfer order dated 3-2-1999 on 28-5-1999.

(2.) On behalf of Radheshyam Dubey, who had been posted in place of the petitioner at Mirzapur, applications for impleadment and recall of the interim order dted 28-5-1999 have been moved primarily on he ground that the petitioner had filed the writ petition by concealing certain material facts, unasmuch as, he had been relieved on 19-2-1999 and in his place Radheshyam Dubey-applicant had taken over on 27th May, 1999 on transfer from Ballia to Mirzapur. In support of the application for recall of the order dated 28-5-1999, an affidavit has been filed and a copy of the charge certificate to the effect that the petitioner has handed over charge in the Forenoon of 19-2-1999 has been filed as Annexure 1 to the affidavit.

(3.) Heard Sri N.C. Rajvanshi, learned Counsel for the petitioner as well as Sri P.S. Pandey, appearing on behalf of Radheshyam Dubey, who has moved an application for impleadment, at considerable length.