BUSARA KHANAM v. THE STATE OF THROUGH SECRETARY AND 3 OTHERS
WRIA/9732/2025 · 2025-07-16
Ajit Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 75122 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 75122 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:115879 Court No. - 4 Case :- WRIT - A No. - 9732 of 2025 Petitioner :- Busara Khanam Respondent :- The State Of Through Secretary And 3 Others Counsel for Petitioner :- Chandra Prakash Garg Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard learned counsel for the petitioner as well as learned Standing Counsel. By means of this petition filed under Article 226 of the Constitution, petitioner has questioned the order of punishment dated 14.05.2025 and also the order of transfer dated 15.06.2025 whereby she has been transferred from Tehsil Banda to Tehsil Panwari. A preliminary objection has been raised by learned Standing Counsel that the order of punishment which invites major penalty, petitioner has an alternative remedy of appeal under the relevant punishment and appeal rules which has not been exhausted. Secondly, he submits that since the petitioner has been transferred within the same district she may not having any grievance. Looking to the facts and circumstances of the case and the pleadings raised, I find merit in the submissions advanced by learned Standing Counsel as the order dated 14.05.2025 imposed penalty in the nature of withholding three annual increments and against this order petitioner has an alternative remedy of statutory appeal under the U.P. Government Servant (Discipline and Appeal) Rules, 1999. In so far as the transfer order is concerned dated 15.06.2025 by which petitioner has been transferred from one Tehsil to another Tehsil within the same district, petitioner may raise her grievance before the competent authority by making representation, if so advised. In view of the above, while I decline to grant indulgence in the matter of transfer order, I still provide that in the event petitioner prefers statutory appeal within four weeks from today, the same shall be heard and decided on merits by the competent authority by following the procedure prescribed under the U.P. Government Servant (Discipline and Appeal) Rules, 1999 within a further period of two months. In so far as the order of transfer is
concerned, petitioner shall make a representation before the competent authority within a period of two weeks, which may also be disposed of by the competent authority by means of reasoned and speaking order within a further period of six weeks. Petition thus consigned to records with aforesaid observations and directions.
Order Date :- 17.7.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad