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Lucknow bench of Allahabad High Court said in an important decision that after the implementation of Model Code of Conduct in view of elections, the transfer order already issued cannot be implemented. The permission of the Election Commission is necessary to implement such transfer order.
With this comment, a single bench of Justice Shriprakash Singh canceled the transfer and relieving order of the General Manager of Jhansi Jal Sansthan to Lucknow. The court also said that if the state government wishes, it can transfer the general manager by following the model code of conduct. The General Manager had filed a petition challenging the transfer and relieving order.
Petitioner General Manager Manoj Kumar Arya said that he was transferred from Jhansi to Lucknow Water Works Department. With the announcement of Lok Sabha elections at 3 pm on March 16, 2024, the Model Code of Conduct came into force in the country. On the same day, a relieving order was passed regarding the transfer of the petitioner. This order was received by the petitioner at 8.30 pm on the same day. Whereas the code of conduct had come into effect from 3 pm. The petitioner had challenged the transfer and relieving order, calling it a violation of the code of conduct. On the other hand, the petition was opposed by the state government.
After the hearing, the court said in the order that the state government could not tell the exact time of the relieving order. Whereas it is clear from the record that the relieving order was received by the petitioner at 8.30 pm on March 16. In such a situation, under the provisions of the Code of Conduct, the transfer order passed even before the notification is issued can be implemented only with the permission of the Election Commission. With this comment, the court accepted the petition and canceled the transfer and relieving order of the petitioner.
