'Date Of Complaints And Date Of Transfer Is Same, No Fact-Finding Inquiry Took Place': Allahabad High Court Quashes Transfer Order
The Allahabad High Court has quashed the transfer order issued to a Junior Assistant who was posted in the office of Deputy Director Agriculture, Bareilly to the office of Deputy Director Agriculture, Bahraich on the same day as the complaint was lodged against him since no fact-finding inquiry was made against the complaint.
On 30.06.2024, a letter was issued by Deputy Director Agriculture, Bareilly addressing to the Director Agriculture, U.P., Lucknow levelling certain allegations against petitioner and other persons. On the same day, Additional Director (Administration), Department of Agriculture, Government of Uttar Pradesh, Lucknow issued the transfer order of the petitioner, transferring him from Bareilly to Bahraich.
Challenging the transfer order, petitioner argued that the transfer order was made without making any inquiry into the allegations against the petitioner.
Per contra, counsel for respondent argued that the petitioner was transferred on administrative grounds only as he had completed about 9 years' service at Bareilly. It was argued that the transfer was in line with government's transfer policy and not due to the complaint as a punitive measure.
The bench comprising of Justice Rajesh Singh Chauhan held
“it appears that the date of complaints and date of transfer is the same. The administrative reasons so indicated in the transfer order is that complaint so atleat(sic) one fact finding enquiry was necessary which has not been undertaken by the competent authority.. Therefore, for that reason alone, this transfer order suffers from perversity and illegality.”
Accordingly, the transfer order was quashed.
Case Title: Prakhar Saxena vs. State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Agriculture Lko. And 3 Others 2024 LiveLaw (AB) 441 [WRIT - A No. - 5198 of 2024]
Citation : 2024 LiveLaw (AB) 441