Court No. - 38
Case :- WRIT - A No. - 10447 of 2019 Petitioner :- Dr. Atul Chandra Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Om Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order of transfer dated 25.6.2019. While entertaining the writ petition, following orders were passed in the matter on 15.7.2019:-
"Submission is that petitioner has completed only about a year's service at Ghaziabad and that his transfer was otherwise made keeping in view the fact that petitioner's mother is 90% disabled.
Further submission is that transfer once again out of Ghaziabad is contrary to transfer policy.
Learned Standing Counsel may obtain instructions in the matter. Post this matter, as fresh, on 22.07.2019."
Again following orders were passed in the matter on 22.7.2019:-
"Learned Standing Counsel prays for and is allowed a week's further time to obtain instructions in the matter.
Post as fresh, once again, on 29.7.2019.
In the meantime, no coercive action would taken against the petitioner and he shall not be relieved unless already relieved."
Learned Standing Counsel has obtained instructions, according to which petitioner had remained posted for 28 years in District Ghaziabad, The period of petitioner's stay has been specified as 27.6.1986 to 1.8.1995, 18.8.1995 to 31.7.1996, 26.9.1997 to 18.6.1999, 19.6.1999 to 10.7.2007, 3.7.2008 to 14.7.2008, 21.10.2010 to 3.6.2017, 4.6.2017 to 18.8.2017 and 4.6.2017 to 18.8.2017. It is also stated that transfer of the petitioner has been made in special circumstances in view of long period of working of petitioner and on account of certain complaints. Copy of the instructions have been served to the counsel for the petitioner. Submission is that the transfer order has been passed on administrative ground which is in accordance with the transfer policy.
Facts disclosed by way of instructions with regard to petitioner's continuance for 28 years at Ghaziabad is not in dispute. No case for interference under Article 226 of the Constitution of India would be made out particularly as the transfer policy is otherwise directory and is not to be read as Statute/ Law.
Writ petition fails and is accordingly dismissed.
Order Date :- 30.7.2019 n.u.