Complaint against a cleark posted at SDM court for almost 20 years
Imran Ahmed
(Querist) 10 May 2011
This query is : Resolved
On 16.4.2011 I have made a complaint against a clerk posted at a SDM court in Dist.Unnao U.P, for almost 20 yrs, the complaint was addressed to the Chairman, Revenue Board,U.P and copies of the complaint endorsed to the Commissioner,Lucknow Div. and the D.M. Unnao as the person comes under Revenue Board. No action has been taken so far the SDM is investigating under whom the clerk is working. What shall do, can I move the High Court for his transfer as he is continuously posted at the same place for almost 20yrs despite to Govts clear directive(G.O) please suggest the way out as I believe that no action can be taken against the clerk. Imran Ahmed
Guest
(Expert) 10 May 2011
You can file a writ of quo warranto before high court to seek remedy against the department and the employee
R.Ramachandran
(Expert) 10 May 2011
Dear Mr.Imran,
Can you please tell whether he is the ONLY government servant in the entire State of U.P. who has not been transferred, or there are others also? If there are other persons also who have not been transferred for a long long time, then why select only one person for making a complaint. Why not make a complaint against all those persons also? Is there anything personal enmity between the two of you?
Otherwise why are you particular about this gentleman only?
R.Ramachandran
(Expert) 10 May 2011
Dear Mr. Ganesan,
Writ of Quo Warranto would lie only in cases where any person is occupying a position without Authority of Law. In the instant case, he is a clerk in the U.P. Government and might have been properly appointed. Therefore, the question of quo warranto will not arise at all.
What Mr. Ahmed is questioning is not his occupying the government post as such, but occupying a particular post for the past 20 years without undergoing any transfer.
Imran Ahmed
(Querist) 10 May 2011
Dear Mr.R.Ramachandran,
No personal enmity at all, The person is very cunning in nature and is very close to the SDM, an earning member for SDM. I have no knowledge of the holding a post for so long but in U.P it could be, Imran Ahmed
Raj Kumar Makkad
(Expert) 11 May 2011
Mr. Imran! Until and unless you bring some facts leading to his illegal stay at one station, nothing can be suggested and even complaints can not be fruitful. You should obtain information from Revenue Board to the effect that how much long time, a clerek can remain posted at one station and then ask about that particular clerek, his date of posting, the relevant rule under which he is remaining posted etc.
Guest
(Expert) 11 May 2011
Transfer of the clerical staff depends upon the posting and transfers of the state Government. If you have some specific corruption cases against the fellow, you may report the matter with facts for investigation. Mere request for transfer without any solid proof may pass over the heads of the authorities.
