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IN THE HIGH COURT OF ALLAHABAD
A. K. Yog and M. A. Khan, JJ.
AJAY JAUHARI - Appellant
Versus
STATE OF U. P. - Respondents
Writ Petition 1424 (S/b) Of 2003
Decided On : 11/10/2003
Transfer - Administrative Transfer - Chits and Societies Registration Act - [Article 226, Constitution of India] - [Chits and Societies Registration Act, Sections 1-40] - The court discussed the administrative transfer of the petitioner and the respondent, highlighting the political pressure exerted by both parties and the lack of administrative exigency or public interest in the transfer order. The court emphasized that transfer orders influenced by personal or political considerations are vitiated and should be quashed.
Fact of the Case:
The petitioner, an Assistant Registrar, challenged an administrative transfer order based on political pressure and lack of administrative exigency or public interest. The court found that the transfer was influenced by political pressure and lacked justification based on administrative exigency or public interest.
Finding of the Court:
The court found that the transfer order was vitiated by political pressure and lacked administrative justification, leading to its quashing.
Issues: The issues revolved around the validity of the transfer order, political pressure exerted by the parties, and the lack of administrative exigency or public interest in the transfer.
Ratio Decidendi: The court emphasized that transfer orders influenced by personal or political considerations are vitiated and should be quashed. It also highlighted the importance of administrative exigency and public interest in justifying transfer orders.
Final Decision: The court quashed the impugned transfer order dated 28. 10. 2003, allowing the writ petition. No order as to costs was issued.
( 1 ) PRESENT writ petition under Article 226, Constitution of India has been instituted against the impugned order of Transfer dated 28. 10. 2003 /annexure-1 to the writ petition, by one Ajay jauhari (petitioner before us) working as Assistant Registrar, Firms. Societies and Chits, U. P. , allahabad, whereby he is transferred on the post of Finance and Account Officer, Office of excise Commissioner, U. P. , Allahabad. Arvind Kumar/respondent No. 5, holding said post (of finance and Account Officer, Office of Excise Commissioner, U. P. , Allahabad) has been transferred and posted in place of Ajay Jauhari as Assistant Registrar, Firms, Societies and Chits, u. P. , Allahabad.
( 2 ) THE backdrop of events has interesting though unusual setting.
( 3 ) AJAY Jauhari initially held the post of Assistant Registrar, Firms, Societies and Chits, U. P. , allahabad. Directorate Treasury, U. P. , Lucknow. A general order of transfer dated 12th July, 2000 including said Ajay Jauhari, Additional Treasury Officer, Varanasi on the post of Assistant registrar, Firms, Societies and Chits. U. P. , Allahabad, called assistant Registrar, Allahabad, (on his own request), against vacant post was passed, Annexure 2 to the writ petition. Petitioner joined over the post of Assistant Registrar, Allahabad on 17. 7. 2000 (Annexure-3 to the writ petition ).
( 4 ) ANOTHER composite general order of transfer dated June 12, 2003 issued by Directorate treasury U. P. , Lucknow transferring Ajay Jauhari as Finance and Accounts Officer, Directorate of Animal Husbandary. U. P. , Lucknow (Annexure-4 to the writ petition ). Shortly thereafter on june 30, 2003 earlier transfer order dated 12th June, 2003 was modified with the sanction of the governor (Annexure-5 to the writ petition) transferring Ajay Jauhari back to the post of assistant Registrar, Allahabad and cancelling earlier order of transfer to the extent it concerned ajay Jauhari (whereby he was transferred to Directorate of Animal Husbandary, U. P. , lucknow ).
( 5 ) AS a consequence of aforesaid order dated 30th June, 2003 Ajay Jauhari was allowed to continue on the post of Assistant Registrar, Allahabad, photocopy of charge certificate dated 1st july, 2003 (Annexure-6 to the writ petition ).
( 6 ) IN the instant case, we had sent for original record and perused it carefully.
( 7 ) THE original record shows that the petitioner (Ajay Jauhari) was brought back on the post of assistant Registrar, Allahabad under order dated 30th June, 2003 for one year.
( 8 ) AFORESAID transfer/re-transfer order were passed, as the original record shows, in the following circumstances.
( 9 ) ONE Mohd. Mujtaba Siddiqui, M. L. A. (B. S. P.) Soraon, Allahabad made complaint dated 16. 4. 2003 (addressed to the Secretary to the Chief Minister, U. P. Government, Lucknow)alleging : (i) petitioners work style was not good, (ii) there were several serious administrative complaints against him, and (iii) he indulges in anti-S. C. /s. T. activities and further case of arvind Kumar (impleaded as respondent No. 5 in the petition) be sympathetically considered for being posted on the post of Assistant Registrar, Allahabad (Annexure-7 to the writ petition ).
( 10 ) DEPUTY Secretary, U. P. Government sent letter dated 27th May, 2003 to the Directorate treasury, U. P. , Lucknow for submitting his comments (Annexure-8 to the writ petition ).
( 11 ) THE above referred order dated 12th June, 2003/annexure-4 to the writ petition, purporting to transfer Ajay Jauhari from the post of Assistant Registrar, Allahabad to the post of Directorate of Animal Husbandary, Lucknow was the fallout of said complaint.
( 12 ) ON the file of original record we also find letter dated 5. 6. 2003 of Sri Hari Shanker Tiwari, minister of Stamp, Court Fee Registration and Department of Entertainment Tax, Government of u. P. and letter dated 14. 6. 2003 written by Sri Suresh Pasi, M. P. (Lok Sabha) from Allahabad to the then Chief Minister (Ma
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