Sheshdhar Tiwari vs State of U.P.

Tarun Agarwala, J.—Heard learned counsel for the petitioner.

The petitioner has been posted as a Lekhpal in Tehsil Handia district Allahabad since January 1992, On account of his staying at this place continuously for 13 years, the Tehsildar, Handia, district Allahabad by letter dated 8.9.2004, brought this fact to the knowledge of the authority concerned. The petitioner alleges that based on this complaint he has been transferred from Tehsil Handia to Tehsil Bara.

In my view, the Tehsildar who had brought this fact to the knowledge of the authority, had rightly written the letter. The letter of the Tehsildar is not a complaint. The transfer order has not been made in personal interest but has been made in public interest. The petitioner had remained at a particular place continuously for 13 years and was therefore, liable to be transferred. The transfer order cannot be said to have been made on the basis of a complaint merely because the person invited the attention of the authority concerned with regard to his staying at a particular place for 13 years. Similar view was expressed by this Court in Dr. Bal Krishna Bansal v. State of U.P. and Ors., 1997 ACJ 1038.

In view of the aforesaid, there is no informity in the impugned transfer order. The writ petition fails and is dismissed summarily.