Sudhir Agarwal, J.;—

1. Heard Sri Vishal Kumar Upadhyay, learned counsel for the petitioner, learned Standing Counsel for the respondents and perused the record.

2. The writ petition is directed against order of transfer dated 29th December, 2008 (Annexure No.1 to the writ petition) passed by respondent No.2 whereby the Chief Engineer, (Project and Planning), Irrigation Department, U.P. Lucknow has transferred the petitioner having found guilty of dereliction of duty pursuant to enquiry report submitted by enquiry authority to this effect.

3. It is contended that transfer by way of punishment is not permissible and therefore, the impugned order of transfer is liable to be set aside.

4. A counter affidavit has been filed by the respondents stating that impugned order of transfer has been passed on administrative grounds. However, it is not disputed that since the petitioner failed to discharge his responsibility and duties to the post and he has been found to mislead his higher officers, therefore he has been transferred. It is also admitted in para 9 of the counter affidavit that impugned order of transfer has been passed after making enquiry and receiving report of enquiry against the

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