Writ Under Article 226 against Transfer in Excise Department
IN
THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD SITTING AT LUCKNOW
Writ Petition No. (S/B) of 2024
Vinod Kumar Pandey ---------Petitioner
Versus
State of U.P. and others ------Opposite Parties
I
N D E X
|
Sl.No. |
Particulars |
Pages |
|
1. |
List of Dates and Events |
|
|
2. |
Application for interim relief/stay |
|
|
3. |
Memo of writ petition |
|
|
4. |
Annexure No.1 and 2 Copy of the order dated 18.5.2024, passed by the
Commissioner, Excise, Uttar Pradesh, Allahabad |
|
|
5. |
Annexure No.3 Copy of the order dated 28.11.2016 |
|
|
6. |
Annexure No.4 Copy of the order dated 6.8.2015 |
|
|
7. |
Annexure No.5 Copy of the order dated 7.8.2015 |
|
|
8. |
Annexure
No.6 Copy of the order dated
22.12.2015 |
|
|
9. |
Annexure
No.7 Copy of the order dated
30.6.2016 |
|
|
10. |
Annexure
No.8 Copies of the order dated
25.4.2024and 10.5.2024 |
|
|
11. |
Annexure
No.9 Copy of the order dated
25.5.2024 |
|
|
12. |
Annexure
No.10 Copy of the letter dated
6.6.2024, written by the Assistant Excise Commissioner, Law to the Excise
Commissioner, U.P., Allahabad |
|
|
13. |
Annexure
No.11 Copy of the Transfer
Policy dated 29.3.2024 |
|
|
14. |
Affidavit |
|
|
15. |
Copy of ID proof of deponent |
|
|
16. |
Vakalatnama. |
|
ALLAHABAD: (Vinod Kumar Pandey)
DATED: /2024 Advocate
Counsel for the petitioner
Mobile No. 9415381583
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD SITTING AT LUCKNOW
Writ Petition No. (S/B) of 2024
Vinod Kumar Pandey ---------Petitioner
Versus
State of U.P. and others ------Opposite Parties
LIST OF DATES AND EVENTS
|
S.No. |
Dates |
Events |
|
1. |
6.8.2015 |
The
petitioner was initially substantially appointed through commission as Excise
Inspector on 6.8.2015 and she has been posted in S.S.F.-A, Jhansi Charge
Jhansi. |
|
2. |
7.8.2015 |
The
opposite party No.2 transferred to the petitioner from S.S.F-A, Jhansi to
Mohan Making Distillery by modifying its earlier order. |
|
3. |
22.12.2015 |
The
State Government passed transfer order to some Excise Inspector including
petitioner and she has been transferred from Mohan Making Distillery Allahabad
to Excise Inspector Sector-5, Allahabad and directed to the opposite party
No.2 to pass order accordingly. |
|
4. |
30.6.2016 |
After
laps of about six month, the opposite party No.2 passed the order in
pursuance to the transfer order dated 22.12.2015 and post the petitioner from
Mohan Making Distillery, Allahabad to Excise Inspector, Sector-5 Allahabad. |
|
5. |
10.5.2024 |
The
opposite party No.2 without application of mind and in violation of the State
transfer policy vide 10.5.2024, again transfer to the petitioner from Excise
Inspector, Sector-5 Allahabad to S.S.F.-A, Meerut. |
|
6. |
31.5.2024 |
The
petitioner has been again transferred from S.S.F-A, Meerut to Officer of
Assistant Excise Commission (Law) by the opposite party No.2. |
|
7. |
|
The
impugned transfer order dated 10.5.2024and 31.05.2024passed by Commissioner,
Excise, Uttar Pradesh, Allahabad in violation of transfer policy of State
Government and in most illegal and arbitrary manner discriminating person to
person without application of mind. |
|
|
|
Hence this Writ Petition. |
ALLAHABAD: (Vinod
Kumar Pandey)
DATED: /2024
Advocate
Counsel for the petitioner
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD SITTING AT LUCKNOW
C.M. Application No. of 2024
In re;
Writ Petition No. (S/B)
of 2024
Vinod Kumar Pandey ---------Petitioner
Versus
State of U.P. and others ------Opposite Parties
APPLICATION FOR INTERIM RELIEF
The above named petitioner most
respectfully prays as under: -
For
the facts, reason and circumstances stated in the accompanying writ petition, duly
supported by an affidavit, it is most respectfully prayed that this Hon’ble
Court may kindly be pleased to stay the operation
and implementation of the impugned transfer order dated10.05.2024and
31.5.2024passed by the Commissioner, Excise, Uttar Pradesh, Allahabad, as contained
in Annexure No.1and 2 to this writ to this writ petition,so far its relates to
the petitioner.
This Hon,ble court further may be
pleased to direct the opposite parties, to allow
the petitioner to continue discharge her duties at Sector-5, Allahabad as
Excise Inspector.
Any other order or direction which this Hon’ble Court may deem
just and proper in the circumstances of the case may also be passed.
ALLAHABAD: (Vinod Kumar Pandey)
DATED: /2024
Advocate
Counsel for the petitioner
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD SITTING AT LUCKNOW
Writ Petition No. (S/B) of 2024
100 Rs Stamp
Vinod Kumar Pandey, aged about 30 years,
D/o Jawahar Lal Yadav, R/o D-96, Sector-P, Aliganj,.
----------Petitioner
Versus
1. State
of U.P. through Principal Secretary, Excise, Civil Secretariat, Bapu Bhawan, Allahabad.
2. Excise
Commissioner, Uttar Pradesh, Mamfordganj, Allahabad.
3. Kuldeep
Singh, Excise Inspector, EIV Headquarter, Allahabad (transferred to Sector-5 Allahabad).
-------Opposite Parties
WRIT PETITION UNDER ARTICLE 226 OF
THE
CONSTITUTION OF INDIA
To,
The
Hon’ble the Chief Justice and his other companion Judges of the aforesaid
Hon’ble Court.
The
above-named petitioner most respectfully begs to submit as under: -
1.
That the petitioner
declares that this is first writ petition being filed the same subject matter.
No other writ petition has been filed or pending either at Allahabad or at Allahabad.
2.
That the petitioner
further submitted that he has not received any notice of caveat from the
respondents through registered post or by other means.
3.
That by means of
present writ petition, the petitioner is challenging the order dated 10-05-2024and
31.5.2024passed by the Commissioner, Excise, Uttar Pradesh, Allahabad whereby
petitioner has been transferred from Sector-5, Allahabad to S.S.F.-A, Meerut,
later on S.S.F. Meerut to Office of Assistant Excise Commissioner (Law), Allahabad
in violation transfer policy of State Government in most illegal and arbitrary
manner without application of mind. A copy of the transfer order dated 10.5.2024and
31-05-2024being annexed herewith as Annexure
No.1 and 2 to this writ petition.
4.
That in pursuance to
the aforesaid transfer order, the petitioner joined duty on 4.6.2024at
transferred place by honoring the transfer order dated 31.5.2024with a view to challenge
the impugned transfer order before this Hon’ble Court as it has been passed
only to harass the petitioner under the political pressure.
5.
That the petitioner has
been declared a gazatted officer by means of order dated 28.11.2016 issued by
the State Government, Excise Section-I. A copy of the order dated 28.11.2016 is
being annexed herewith as Annexure
No.3 to this writ petition.
6.
That the petitioner was
initially substantially appointed through commission as Excise Inspector on
6.8.2015 and she has been posted in S.S.F.-A, Jhansi Charge Jhansi. A copy of
the order dated 6.8.2015 is being annexed herewith as Annexure No.4 to this writ petition.
7.
That on 7.8.2015, the
opposite party No.2 transferred to the petitioner from S.S.F-A, Jhansi to Mohan
Making Distillery by modifying its earlier order. A copy of the order dated
7.8.2015 is being annexed herewith as Annexure
No.5 to this writ petition.
8.
That on 22.12.2015, the
State Government passed transfer order to some Excise Inspector including
petitioner and she has been transferred from Mohan Making Distillery Allahabad
to Excise Inspector Sector-5, Allahabad and directed to the opposite party No.2
to pass order accordingly. A true copy of order dated 22.12.2015 is being
annexed herewith as Annexure No.6
to this writ petition.
9.
That on 30.6.2016,
after laps of about six month, the opposite party No.2 passed the order in
pursuance to the transfer order dated 22.12.2015 and post the petitioner from
Mohan Making Distillery, Allahabad to Excise Inspector, Sector-5 Allahabad. A
true copy of order dated 30.6.2016 is being annexed herewith as Annexure No.7 to this writ
petition.
10.
That it is relevant to
point out here that the petitioner honestly and devotionally discharging her
duties, some excise licensee belongs to the ruling party where trying to thrown
away to the petitioner from Allahabad to any other district/place.
11.
That the opposite party
No.2 without application of mind and in violation of the State transfer policy
vide 10.5.2024, again transfer to the petitioner from Excise Inspector, Sector-5
Allahabad to S.S.F.-A, Meerut.
12.
That after passing the
order dated 10.5.2024, the petitioner made application on 15.5.2024to the
Principal Secretary, Excise for cancelling the transfer, the Principal
Secretary, Excise made endorsement on the request letter of the petitioner that
not to relieve the petitioner from Excise Inspector, Sector-5 Allahabad, but
the authority concern deliberately and arbitrarily relieved the petitioner
ex-parte at that time when she was on medical leave.
13.
That on the request of
the petitioner, the transfer order of the petitioner has been cancelled but
vide order dated 31.5.2024, she has been again transferred from S.S.F-A, Meerut
to Officer of Assistant Excise Commission (Law). The copy of the order dated
31.5.2024has already been annexed as Annexure No.1 to this writ petition.
14.
That it is relevant to
mention here that the opposite party No.2 made transfer order on 25.4.2024about
20 Excise Inspectors from their respective posting place to another place.
Aggrieved with the said order, one Jyoti Singh (serial No.9), Rama Patel
(Serial No.21) and Madhu Singh (serial No.25), made a request to cancel their
transfer order dated 25.4.2024. The opposite party No.2 by considering the
request of the above Excise Inspectors, vide order dated 10.5.2024, cancelled
their transfer order and keep them their earlier posting place. A copy of the
order dated 25.4.2024and 10.5.2024is being collectively annexed herewith as Annexure No.8 to this writ
petition.
15.
That it is relevant to
mention here that the opposite party No.2 passing the transfer order under the
pick and choose policy, there is no uniformity criteria are being adopted by
the opposite party No.2 in violation of the transfer policy. The opposite party
No.2 passed order on 25.5.2024whereby cancelled the earlier transfer order of
Shri Indra Jeet Garg who had been transferred from Excise Inspector Allahabad,
Sector-I to Faizabad Sector-I. A copy of the order dated 25.5.2024is being
annexed herewith as Annexure No.9
to this writ petition.
16.
That the request of the
petitioner for cancellation of her transfer order dated 10.5.2024has been
turned down inspite the restrain order for not relieving the petitioner from Sector-5, Allahabad, in
other hand, the request of other Excise Inspectors has been accepted and their
transfer order has been cancelled.
17.
That the opposite party
No.2 making discrimination with the person to person and under the political
pressure of the ruling party, transfer to the petitioner in the office of
Assistant Excise Commissioner, Law Allahabad where no post is available as
there is two posts there in the office of Assistant Excise Commissioner, Law
and two person already posted and working there. The petitioner in respect of
the impugned transfer she joined duty, but the salary of the petitioner is not
being paid. In this regard, the Assistant Excise Commissioner, Law written a
letter to the Excise Commissioner, U.P., Allahabad and requested to make
appropriate order or direction in this regard. True copy of the letter dated
6.6.2024is being annexed herewith as Annexure
No.10 to this writ petition.
18.
That in the impugned
order, the opposite party No.2 did not disclose why and under what
circumstances and for what reason, the impugned order dated 10-05-2024 and 31.5.2024has
been passed within short span of time.
19.
That the transfer of
the petitioner has been made only to accommodate to the opposite party No.3 on
the behest of the political influence, which is itself illegal and arbitrary
and in punitive in nature.
20.
That it is relevant to
point out here that due to the political interference in transfer posting of
the petitioner, the opposite party No.2 without applying his mind even without
following the provision of the Transfer Policy of the State Government in
arbitrary and illegal manner passed the impugned order dated10-05-2024and 31.5.2024.
21.
That it is relevant to
mention here that the State Government issued a Government Officers/Employees
Transfer Policy, 2024in which it is specifically provided that the officer
should remain on posting place atleast upto three years. A copy of the Transfer
Policy dated 29.3.2024is being annexed herewith as Annexure No.11 to this writ petition.
22.
That the transfer of
the petitioner is being made in very frequent manner, in these circumstances,
it is very difficult and painful and stigmatic.
23.
That the impugned order
is wholly illegal and arbitrary as same has been passed on political
consideration. It is settled law of this Hon’ble Court as well as Hon’ble Apex
Court that the transfer order should not be passed on political consideration
but it should be passed on administrative grounds only keeping in view of the
provision of transfer policy.
24.
That this Hon’ble Court
as well as Hon’ble Apex Court made direction to the State Government to fix
time limit of the Officers/Employees posting at particular place in otherwise
the Government servant will have no stability in life if the Government servant
are transferred very frequently, this is bad for the moral of the service. This
Hon’ble Court further observed in his judgment and order that due to frequent
transfer, a heavy burden is caused on the exchequer due to such transfer. The
Hon’ble Court direct the State Government to fix at the earliest a period of
posting during which the Government servants will not be ordinarily transferred
or disturbed unless there are some exceptional grounds, which must be recorded
in writing.
25.
That it is relevant to
mention here that within three year, petitioner has been transferred five time
from one place to another place, it is clear case of harassment of the
petitioner.
26.
That the opposite party
No.2 throwing the petitioner here to there like football, there is no stability
in her life, due to frequently transfer to the petitioner here to there, she
feeling that her career is being blemished by the opposite party No.2 without
any rhyme and reason while there is no any charge, complaint and allegation
against him.
27.
That it is admitted
facts that the transfer is not any punishment it is the exigency of service,
but it should be done in accordance with law following the terms, conditions of
the existing transfer policy, but in the present case the terms and conditions
of the transfer policy is highly violated and contrary to that she has been
transferred in discriminatory manner.
28.
That the petitioner
submits that the order of transfer causes a lot of difficulties and dislocation
in the family set up of the concerned employees and as the order has been
passed in violation of guidelines for transfer policy, as such the order
transfer is liable to be quashed/set-aside.
29.
That it is made clear
that the order impugned dated 10.05.2024and 31.5.2024passed by the opposite
party No.2 is wholly illegal and arbitrary which is not sustainable in the eyes
of law and is liable to be quashed by this Hon’ble Court.
30.
That the order impugned
passed without application of mind in illegal and arbitrary manner under the
political pressure and without following the provision of the Transfer Policy
of the State Government to secure the end of justice and get the stability in
his service, the indulgence of this Hon’ble Court is required.
31.
That as the impugned
transfer order has been passed on 10.05.2024and 31.5.2024, being aggrieved with
the said transfer order, the petitioner are being harassed and mentally
depressed, being this reason there is urgency to redress her grievance, being
this reason, she is filing instant writ petition during summer vacation.
32.
That having no other
efficacious alternative remedy, is filing the instant writ petition under
Article 226 of the Constitution of India inter-alia
on the following
amongst grounds:-
G R O U N D S
A.
Because, the impugned
transfer order dated 10.5.2024and 31.05.2024passed by Commissioner, Excise,
Uttar Pradesh, Allahabad in violation of transfer policy of State Government
and in most illegal and arbitrary manner without application of mind.
B.
Because, the transfer
of the petitioner is being made in very frequent manner, in these
circumstances, it is very difficult and painful and stigmatic.
C.
Because, the impugned
order is wholly illegal and arbitrary as same has been passed on political
consideration. It is settled law of this Hon’ble Court as well as Hon’ble Apex
Court that the transfer order should not be passed on political consideration
but it should be passed on administrative grounds only keeping in view of the
provision of transfer policy.
D.
Because, this Hon’ble
Court as well as Hon’ble Apex Court made direction to the State Government to
fix time limit of the Officers/Employees posting at particular place in
otherwise the Government servant will have no stability in life if the
Government servant are transferred very frequently, this is bad for the moral
of the service. This Hon’ble Court further observed in his judgment and order
that due to frequent transfer, a heavy burden is caused on the exchequer due to
such transfer. The Hon’ble Court direct the State Government to fix at the
earliest a period of posting during which the Government servants will not be
ordinarily transferred or disturbed unless there are some exceptional grounds,
which must be recorded in writing.
E.
Because, within three
year, petitioner has been transferred five time from one District to another
District, it is clear case of harassment of the petitioner.
F.
Because, within one
year the petitioner has been transferred three time, the opposite party No.2
throwing the petitioner here to there like football, there is no stability in
his life, due to frequently transfer to the petitioner here to there, he
feeling that his career is being blemished by the opposite party No.2 without
any rhyme and reason while there is no any charge, complaint and allegation
against him.
G.
Because, it is admitted
facts that the transfer is not any punishment it is the exigency of service,
but it should be done in accordance with law following the terms, conditions of
the existing transfer policy, but in the present case the terms and conditions
of the transfer policy is highly violated and contrary to that he has been
transferred in other district.
H.
Because, the petitioner
submits that the order of transfer offer causes a lot of difficulties and
dislocation in the family set up of the concerned employees and as the order
has been passed in violation of the rules of service and guidelines for
transfer policy, as such the order transfer is liable to be quashed/set-aside.
I.
Because, the order
impugned dated10.05.2024and 31.5.2024passed by the opposite party No.2 is
wholly illegal and arbitrary which is not sustainable in the eyes of law and is
liable to be quashed by this Hon’ble Court.
J.
Because, the order
impugned passed without application of mind in illegal and arbitrary manner and
without following the provision of the Transfer Policy of the State Government
to secure the end of justice and get the stability in his service, the
indulgence of this Hon’ble Court is required.
P R A Y E R
Wherefore, it
most respectfully prayed that this Hon’ble Court may graciously be pleased to:-
(i) issue, a writ, order or direction in the
nature of Certiorari quashing the
impugned transfer order dated 10.05.2024and 31.5.2024passed
by the Commissioner, Excise, Uttar Pradesh, Allahabad, as contained in Annexure
No.1 and 2 to this writ petition So far its relates to the petitioner.
(ii) issue, a writ, order or direction in the
nature of Mandamus commanding the
opposite parties allow the petitioner to continue discharge her duties at
Sector-5, Allahabad as Excise Inspector.
(iii) issue any other writ, order or direction
which this Hon’ble Court may deem just and proper in the circumstances of the
case.
(iv) allow this writ petition with costs in
favour of petitioner.
ALLAHABAD: (Vinod
Kumar Pandey)
DATED: /2024 Advocate
Counsel for the petitioner
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD SITTING AT LUCKNOW
Writ Petition No. (S/B) of 2024
Vinod Kumar Pandey ---------Petitioner
Versus
State of U.P. and others ------Opposite Parties
A F F I D A V I T
I, Vinod Kumar
Pandey, aged about 30 years, D/o Jawahar Lal Yadav, R/o D-96, Sector-P,
Aliganj, Allahabad, Religion-Hindu, Occupation- Service, the deponent, do
hereby solemnly affirm and States on oath as under: -
1.
That the deponent is the petitioner herself
in the aforesaid writ petition. As such she is fully conversant with the facts
of the case.
2. That the contents of paragraphs
of
the accompanying writ petition are true to the personal knowledge of the
deponent, while those of paragraphs
are believed by me to be true based on records, and those of
paragraphs
are believed by me to be true on the basis of legal advice.
3. That Annexure Nos. 1 to of the writ petition are true/photocopies
of its originals.
ALLAHABAD:
DATED: /2024 DEPONENT
VERIFICATION
I, the deponent
named above do hereby verify that the contents of paragraphs 1 and 3 of this
affidavit are true to my own knowledge and those of paragraphs 3 believed by me
to be true on the basis of records. No part of it is false and nothing material
has been concealed in it, so help me God.
ALLAHABAD:
DATED: /2024 DEPONENT
I, identify the deponent who has signed
before me.
Advocate
Enrollment No.0000/2016
D-1/145, Viraj
Khand,
Gomti
Ngar, Allahabad.
Mobile No. 9415381583
Solemnly affirmed before me on at
A.M./P.M. by the deponent, Vinod
Kumar Pandey, who is identified by Shri Bishlendra Prasad, Advocate, High
Court, Allahabad Bench, Allahabad.
I have satisfied myself by
examining the deponent that she understands the contents of this affidavit,
which have been read over and explained by me.
Oath Commissioner
s
ReplyDelete