Friday, January 27, 2023

Allahabad High Court stays transfer of Mehmoodpur official

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The Allahabad High Court has stayed the transfer of Lekhpal of Mehmoodpur Bastaur, District Moradabad to Alahdadpur.

A single bench of Justice J.J. Munir passed this order while hearing a petition filed by Tehar Singh.

The submission of Senior Advocate Daya Shanker Mishra, assisted by Chandrakesh Mishra, Counsel, for the petitioner, is that the petitioner is a Lekhpal in District Moradabad.

He was transferred from Mehmoodpur Maafi to Mohemmadpur Bastaur by an order of the Sub-Divisional Officer, Tehsil Bilari, District Moradabad dated 21.03.2022.

Now, by the order dated 04.05.2022, the petitioner has been transferred from Mohemmadpur Bastaur to Alahdadpur, and in place of the petitioner, Kishan Lal Saini, respondent has been transferred from Changeri to Mohemmadpur Bastaur. It is asserted that respondent was transferred from Mohemmadpur Bastaur after serving there for more than three years vide order dated 27.10.2021.

The submission is that the respondent, who is a very influential Lekhpal, by exerting undue influence and pressure has managed to come back to Mohemmadpur Bastaur, wherefrom he had been transferred as recently as a few months back. The order transferring the petitioner away from Mohemmadpur Bastaur is castigated as patently mala fide.

“Let a counter affidavit be filed by Pranav Ojha, Additional Chief Standing Counsel on behalf of respondents within three weeks.

Prabha Shanker Mishra, Advocate appears for respondent no 4 (Lekhpal). He is also granted the same period of time to file a counter affidavit.

Till the next date of listing, operation of the order dated 04.05.2022 transferring the petitioner from Mohemmadpur Bastaur to Alahdadpur passed by the Sub-Divisional Officer, Bilari, Moradabad shall remain stayed and the petitioner shall be permitted to continue on his present place of posting,” the Court ordered.

The Court has fixed the next hearing of the petition on July 25, 2022.

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