Allahabad High Court at Lucknow has deprecated the reference of a Facebook Post against Amit Shah, much before his appointment on the post.
Background of the Case:-
The petitioners in the instant case had approached the High Court of Allahabad challenging the order wherein an inquiry had been instituted against him for not taking action against a company whose product was found to be substandard and unsafe for human consumption.
An order dated 11.09.2020 has also been challenged by the petitioner by which he was transferred from Barabanki where he was posted as a Designated Officer to headquarters of his department situated in Lucknow.
Another allegation against the petitioner was that he had posted objectionable posts on his Facebook page against Mr Amit Shah, who was President of the BJP at that time.
The argument of the Counsel of the petitioner
Learned Counsel for the petitioner argued that the petitioner could not be punished for something that he had done before he was appointed.
Reasoning of the Court
While pronouncing her judgement, Hon’ble Justice Sangeeta Chandra remarked that the Court does not appreciate the reference made in the order dated 11.09.2020 where the post made by the petitioner against Mr Amit Shah was referred to. The Facebook post mentioned in the order was much before the joining as Designated Officer.
However, the Court observed that because a charge of not taking appropriate action the erring company is also there, the Court cannot pass a stay order for the inquiry proceedings that were initiated against the petitioner.
Hon’ble Court held that it was apparent that the order dated 11.09.2020 wherein the petitioner was transferred to Lucknow from Agra was passed as a consequence of the order instituting the inquiry against the petitioner.
Order dated 11.09.2020 was quashed by the Court. The OP No.1 was directed to reconsider passing appropriate orders in view of the observations made in the instant order.
Title: Manoj Kumar Verma vs State Of UP Thru.Prin.Secy. Food Safety & Drug Admin.& Anr
Case No.: SERVICE SINGLE No. – 17133 of 2020
Date of Order: 19.10.2020
Coram: Hon’ble Justice Sangeeta Chandra