Ashish Trivedi v. The State of U.P. Thru. Chief Secy. Govt. of U.P. Lko and 3 Others

Court No. - 7 Case :- WRIT - A No. - 8948 of 2023 Petitioner :- Ashish Trivedi Respondent :- The State Of U.P. Thru. Chief Secy. Govt. Of U.P. Lko And 3 Others Counsel for Petitioner :- Lalla Chauhan Counsel for Respondent :- C.S.C.,Alok Saran Hon'ble Abdul Moin,J.

¶1Heard learned counsel for petitioner, learned Standing Counsel for respondent no.1, and Sri Ashutosh Verma holding brief of Sri Alok Saran, learned counsel for respondents no.2 to

4.

¶2With the consent of learned counsels appearing for the contesting parties, the writ petition is being finally decided.

¶3Under challenge is transfer order dated 03.11.2023, a copy of which is annexure no.1 to the petition by which the petitioner has been transferred from Shahabad to Mallawan of the same district i.e. Hardoi.

¶4Learned 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.

¶5Accordingly, 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 03.11.2023 before the competent authority i.e. Superintendent Engineer, Madhyanchal Vidyut Vitran Nigam Limited, Hardoi/ respondent no. 3 within a period of two weeks from today.

¶6In case such a representation is made, respondent no. 3 shall proceed to consider and decide the same in accordance with law considering the grounds taken by the petitioner in the representation within a period of four weeks from the date of receipt of the representation alongwith certified copy of this order.

¶7Till disposal of representation no coercive action shall be taken by the respondents against the petitioner in pursuance of the impugned transfer order.

¶8It 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 :- 18.11.2023 A. Katiyar High Court of Judicature at Allahabad, Lucknow Bench