Ashish Mishra v. Managing Director/Joint Director (Administration) Uttar Pradesh Jal Nigam (Gramin), and 4 Others

Court No. - 7 Case :- WRIT - A No. - 8154 of 2023 Petitioner :- Ashish Mishra Respondent :- Managing Director/Joint Director (Administration) Uttar Pradesh Jal Nigam (Gramin), And 4 Others Counsel for Petitioner :- Angrej Nath Shukla Counsel for Respondent :- Rishabh Kapoor Hon'ble Abdul Moin,J. Heard learned counsel for petitioner and Shri Samir Om, learned counsel for the respondents. With the consent of learned counsel appearing for the contesting parties, the writ petition is finally being disposed of. Under challenge is transfer order dated 05.10.2023, a copy of which is annexure no.1 to the petition by which the petitioner has been transferred from district Gonda to Ghaziabad. Learned counsel for petitioner has raised various grounds to challenge the impugned transfer order, however the Court is of the view that the said grounds fall in the realm of the grounds to be considered by the respondents at the first instance. Accordingly, without entering into the merits of the case, the present petition is disposed of leaving it open to the petitioner to submit a comprehensive representation against the impugned transfer order dated 05.10.2023 before the competent authority i.e. Chief Engineer (A-3), Uttar Pradesh Jal Nigam (Gramin), Lucknow / respondent no. 2 within a period of one week from today. In case a representation is made, respondent no. 2 shall proceed to decide the same in accordance with law considering the grounds taken by the petitioner in the representation, which would be decided within a period of two weeks from the date of receipt of the representation alongwith copy of this order. Till disposal of representation no coercive action shall be taken by the respondents against the petitioner in pursuance of the impugned transfer order. It is made clear that if the petitioner does not submit his representation within the time specified, then the benefit of this order shall not be available to him. Order Date :- 18.10.2023 J.K. Dinkar High Court of Judicature at Allahabad, Lucknow Bench