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2025 DAILYLAW 154666 (ALL)

ROHIT VERMA v. STATE OF U.P. THRU. PRIN. SECY. FOOD AND CIVIL SUPPLIES AND 3 OTHERS

WRIA/8329/2025 · 2025-07-29

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43699 Court No. - 18 Case :- WRIT - A No. - 8329 of 2025 Petitioner :- Rohit Verma Respondent :- State Of U.P. Thru. Prin. Secy. Food And Civil Supplies And 3 Others Counsel for Petitioner :- Rakesh Kumar Chaudhary,Anshumaan,Ayush Chaudhary Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties. 2. Petition has been filed challenging order dated 21.07.2025 whereby petitioner has been transferred from District Bahraich to District Meerut. 3. It has been submitted that impugned order has been passed in violation of paragraph 4(iv) of the Government Order dated 06.05.2025 to the effect that since petitioner was posted in an Aspirational District Scheme as per the Central Government Scheme, an option was required to be taken from him for his next posting. It is submitted that despite the fact that petitioner submitted his option on 02.06.2025, the same have been completely ignored. 4. Learned State counsel has been provided written instructions dated 28.07.2025, a copy of which is taken on record in which it has been indicated that options preferred by petitioner were rejected in view of certain allegations levelled against petitioner with regard to certain discrepancies in the purchase of paddy during the years 2024-25. 5. However the aforesaid instructions are completely silent as to whether there is only an allegation levelled against petitioner with regard to his complicity in the aforesaid discrepancies or within he was found guilty in any inquiry proceedings. 6. It is trite that such an aspect may be considered only in case petitioner was found guilty in any inquiry proceedings but cannot be a ground to reject option given by petitioner only on the basis of allegation. 7. In view thereof, without entering with the impugned order, petitioner is granted liberty to file a fresh representation before opposite party No.3 i.e. Food Commissioner U.P. Food and Civil Supplies Department, Jawahar Bhawan, Lucknow within three days' from today. In case such a representation is filed, the said authority is directed to reconsider petitioner's application/ options given for transfer expeditiously within a period of ten days from the date a certified copy of this order is submitted before the concerned official alongwith a copy of option which were received in the office on 02.06.2025. The impugned transfer order shall be subject to final decision so made. Till final decision on petitioner's application, he shall not be compelled to join in pursuance of impugned transfer order. 8. With the aforesaid observation, petition stands disposed of. Order Date :- 29.7.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench