Remarks against CM: HC stays transfer of radio operator

Prayagraj: The Allahabad high court has temporarily stayed the transfer order passed against a radio inspector, who had allegedly made some indecent comments against UP Chief Minister Yogi Adiyanath.
Disposing of a writ petition filed by radio inspector Kuldip Singh, Justice Saral Srivastava observed, “As according to the petitioner, the charge with respect to post of some objectionable post on the WhatsApp group in the enquiry is not found proved against him, this court is of the opinion that the petitioner may be permitted to submit a detailed representation against the transfer order before the deputy inspector general of police (Operation) (Police Telecommunication), U.P.Police Radio Headquarters, Lucknow within a period of two weeks with a copy of this order.”
The court further directed that in case representation is filed by the petitioner, as directed above, the DIG shall consider and decide the same strictly in accordance with law, by a reasoned and speaking order, preferably within a period of two months thereafter. “For a period of three months or till disposal of representation of petitioner, whichever is earlier, transfer order dated September 8, 2021, and relieving order dated September 13, 2021shall remain stayed,” the court directed.
The petitioner was transferred on September 8, 2021, from Agra to Kanpur on the ground that he had forwarded some objectionable post on a WhatsApp group and, accordingly, an enquiry was instituted against the petitioner. In the aforesaid backdrop, the petitioner was transferred on administrative exigency after seeking approval from the Police Radio Establishment Board.
The counsel for the petitioner challenged the transfer order on the ground that it is punitive in nature.
He further submitted that the petitioner is going to retire in January 2023 and as per rule, the effort should be made to post an employee in his home district, if the employee is going to retire within two years from the date of transfer. Hence, on these grounds, he submitted that the transfer order is not sustainable.
However, the state counsel contended that the transfer order has been passed in administrative exigency of service.
Passing the directive, the court in its decision dated October 5, 2021 disposed of the petition, observing, “Be that as it may, the counsel for the petitioner has drawn the attention of the court towards the enquiry report dated May 31, 2021, conducted by additional state radio officer, Agra Zone, Agra in which the charge against the petitioner is not found proved. Further fact is that the petitioner is due to retire in the month of January 2023 and only 16 months of service of the petitioner are left.”