Court No. - 38
Case :- WRIT - A No. - 11252 of 2019 Petitioner :- Brijesh Kumar Chaudhary Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shri Krishna Lal,Manu Vardhana Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order of transfer dated 18.6.2019, whereby petitioner has been transferred from the office of Deputy Director, Agriculture to Varanasi Mandal. Petitioner's transfer is otherwise within the same district.
The order is assailed on the ground that petitioner is secretary of the employees union and without approval of a higher authority he could not have been transferred.
Petition is opposed by learned Standing Counsel.
It is not in issue that petitioner holds a transferable post and transfer is an incidence of service. It is also not in dispute that appointing authority of the petitioner is District Panchayat Raj Officer, whereas the order of transfer has been passed by the Director, who is the next higher authority. Petitioner otherwise has been transferred within the same district.
In view of the above, no interference is called for with the order of transfer. Writ petition is, accordingly, dismissed.
Order Date :- 30.7.2019 Ashok Kr.