Court No. - 34
Case :- WRIT - A No. - 10723 of 2018 Petitioner :- Dinesh Kumar Yadav Respondent :- State Of U.P. And Another Counsel for Petitioner :- Sahat Bahadur Counsel for Respondent :- C.S.C.,Brijesh Ojha
Hon'ble Sudhir Agarwal,J. Hon'ble Bachchoo Lal,J.
1. Heard Sri Pankaj Srivastava, Advocate holding bring of Sri S.B. Singh, learned counsel for petitioner and learned Standing Counsel for respondents.
2. Writ petition is directed against order of transfer dated 12.04.2018 passed by Principal Secretary, Nagar Vikas, Government of U.P., Lucknow transferring petitioner from Nagar Nigam, Moradabad to Nagar Palika Parishad, Gonda.
3. Order of transfer has been assailed on the ground that it is punitive in nature inasmuch as petitioner had submitted a report pointing out large scale bungling in house assessment. It is further contended that petitioner's wife is posted at Meerut, therefore, petitioner, if has to be transferred, should be posted somewhere in Meerut Division.
4. We find no force in either of submissions. So far as petitioner's claim that impugned order is punitive in nature is concerned, we find nothing from bare perusal of transfer order that it is punitive in nature. So far as submission of report pointing out gross irregularities in house assessment is concerned, we have no manner of doubt that authorities will look into the matter but there is nothing to co-relate said submission of report with order of transfer, particularly when there is no allegation of mala fide and none has been impleaded eo nomine.
5. Transfer is an exigency of service and it also cannot be challenged on account of violation of transfer guidelines since transfer guidelines do not give any actionable claim to challenge an order of transfer as held by Supreme Court in Union of India and others Versus S.L.Abbas reported in AIR 1993 Supreme Court 2444. It is not the case of the petitioner that the impugned order of transfer 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.
6. We, therefore, find no merit in writ petition. Dismissed accordingly.
Order Date :- 27.4.2018 AK