ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 23-01-2023 Heard Mr. Anjani Kumar, learned AAG-4 for the appellants/State and Mr. Ansul for the sole respondent.

The respondent had been transferred to a different location under the communication made by the State Election Commission, which in a general manner, had issued instructions that any ofÏcer who is posted in his home district or who is facing departmental proceeding, ought not to be entrusted with the election work. The communication further entailed that a BDO and the other ofÏcers in the department would be the designated ofÏcers for conducting the election.

On the strength of the aforenoted communication by the State Election Commission, the respondent, who at the relevant time was posted as BDO, was transferred to a different location.

The learned Single Judge while hearing the writ petition of the respondent against the order of transfer found that the State had taken into account the factum of departmental proceeding having been initiated against him as also his conduct in the past with regard to elections was not above board. The learned Single Judge, therefore, concluded that his transfer was thus a pun