SHIVA PRAKASH BHARTI v. STATE OF U.P. THRU. PRIN. SECY. FOOD AND CIVIL SUPPLIES, LKO. AND 3 OTHERS
WRIA/8824/2025 · 2025-08-08
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156592 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156592 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:46345 Court No. - 8 Case :- WRIT - A No. - 8824 of 2025 Petitioner :- Shiva Prakash Bharti Respondent :- State Of U.P. Thru. Prin. Secy. Food And Civil Supplies, Lko. And 3 Others Counsel for Petitioner :- Rakesh Kumar Chaudhary,Anshumaan,Ayush Chaudhary,Rajni Kant Pandey 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 the opposite parties.
2. Present petition under Article 226 of Constitution of India has been filed challenging order dated 25.07.2025 whereby petitioner has been transferred from Chandauli to Meerut.
3. Learned counsel for petitioner submits that aforesaid transfer order is clearly in violation of clause 4(iv) of Government Order dated 06.05.2025 whereby such persons as the petitioner who were earlier posted in an aspirational district and has completed the requisite number of years, were required to submit their options for the next posting, which was also required to be considered by authorities but in the present case, such options have not been considered.
4. Learned State Counsel has been provided written instructions dated 05.08.2025, a copy of which is taken on record and as per which petitioner's options have been rejected in view of allegations levelled against him with regard to certain misconduct for which an enquiry was also instituted against him and upon submission of enquiry report, re-enquiry has been directed.
5. From aforesaid written instructions, it is therefore quite evident that as on date there is no concluded enquiry conclusively establishing petitioner's guilty with regard to any misconduct. In such circumstances, in view of aforesaid Government Order, it was incumbent upon
opposite parties to have considered options provided by petitioner.
6. Considering aforesaid facts and circumstances, opposite party no.3 i.e. Food Commissioner U.P., Food and Civil Supplies Department U.P. is directed to reconsider petitioner's options with regard to his posting in light of observations made herein above expeditiously within a period of ten days from the date a certified copy of this order is served upon the said authority.
7. Till disposal of petitioner's representation, he shall not be compelled to join at the transferred place. Order Date :- 8.8.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench