Court No. - 34
Case :- WRIT - A No. - 13168 of 2018 Petitioner :- Dhirendra Kumar Suman Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Siddharth Khare,Shri Ashok Khare, Sr. Advocate Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Ifaqat Ali Khan,J.
1. Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri K.K. Yadav, learned counsel for petitioner and learned Standing Counsel for respondents.
2. Writ petition is directed against order of transfer dated 23.05.2018 whereby petitioner has been transferred from the post of Principal, Government Industrial Training Center, Duddhi, Sonebhadra to Principal, Government Industrial Training Center, Rehua Mansoor Mahasi, Bahraich.
3. Impugned order of transfer has been challenged on certain personal difficulties which are not to be examined by this Court since in this regard it is open to petitioner to approach higher authorities by making appropriate representation.
4. An order of transfer is open for judicial review only when it is against statutory rules or has been passed by an authority not competent to pass such order or is vitiated on account of mala fide but none of these grounds are involved in present case.
5. It is then contended that that the person who has been posted in place of petitioner at Duddhi is not competent to exercise power of drawing and disbursing authority.
6. If that be so, it is upon the employer to examine as to how work of Government Industrial Training Center, Duddhi would be carried out but so far as petitioner's transfer is concerned, this by itself cannot be vitiated on account of this reason.
7. Hence, we find no merit in writ petition. Dismissed.
Order Date :- 30.5.2018/AK