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PRAKASH SINGH
Manoj Kumar Arya – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Hon'ble Shree Prakash Singh, J.-Heard Sri Vaibhav Upadhyay, learned counsel for the petitioner Sri Shailendra Kumar Singh, Chief Standing Counsel assisted by Sri Vivek Kumar Shukla, learned Additional Chief Standing Counsel for the State, Sri Shailendra Singh Chauhan and Akhilesh Kumar Srivastava, learned counsels for the Municipal Commissioner, Nagar Nigam Lucknow.
2. Under challenge is the order of transfer dated 16.3.2024 passed by the State Government.
3. The contention of the learned counsel for the petitioner is that on 5.6.2020, the petitioner was promoted on the post of General Manager (Water Works). After his promotion to the post of General Manager (Water Works), he was posted at Saharanpur, Nagar Nigam on 15.6.2020 and thereafter, he was transferred to Water Institute, Jhansi Division, Jhansi, as General Manager (Water). On 28.11.2023, after serving only 11 months, the petitioner was again transferred to the Department of Water Works, Nagar Nigam, Lucknow, where he joined as General Manager (Water), though the same was in contravention of the policy and as per whims and fancies of the State Government.
4. He further argued that on 16.3.2024 at 03.00 p.m. election
The implementation of transfer orders after the Model Code of Conduct's enforcement requires prior approval from the Election Commission to be lawful.
The necessity of obtaining prior permission from the State Election Commission for employee transfers during election periods is crucial to maintain the integrity of the electoral process.
Transfer orders in public service are valid unless proven mala fide or in violation of statutory provisions.
Point of Law : Impugned directive of Election Commission is valid as it does not discriminate between different officers but a uniform directive has been issued for all officers who have completed fo....
The transfer of contract employees is permissible under certain conditions as provided in the terms of the contract and relevant policies.
Transfer orders must adhere to statutory guidelines and cannot be executed with mala fide intentions, as such errors warrant judicial intervention.
Judicial review of transfer orders is limited; transfers made on administrative grounds are valid unless shown to be arbitrary or malicious.
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