Court No. - 38
Case :- WRIT - A No. - 11241 of 2019 Petitioner :- Gajbay Alam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Kumar Singh,Ranjeet Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order of transfer dated 15.7.2019, whereby petitioner has been transferred from Chitrakoot to GRP Lucknow.
The order is assailed on the ground that only those persons who are 47 years of age can be transferred in GRP, whereas petitioner is above 47 years of age.
Petition is opposed by learned Standing Counsel.
No specific policy has been placed before the Court, according to which, a police personnel above 47 years of age cannot be transferred to GRP. Even otherwise, such policy at best would be directory in nature and cannot be read as a statute. Law is otherwise settled that unless transfer is contrary to provisions of law or is malafide, no interference can be made in it. It is not in issue that petitioner holds a transferable post and transfer is an incidence of service. The order of transfer has been passed after obtaining approval of Police Establishment Board. In such circumstance if petitioner has been transferred from the present place of posting, no exception can be taken to it. Challenge laid to the order of transfer, therefore, fails.
However, in the facts and circumstances, it is provided that in case petitioner joins at the transferred place forthwith, it would be open for him to represent his grievance against the order of transfer, highlighting his personal difficulties, before the authority competent within a week of his joining. In case petitioner does so, the authority concerned shall examine petitioner's grievance in terms of the transfer policy as well as exigency of work, by way of a reasoned order, within a further period of two months, thereafter.
Subject to the aforesaid observations, this writ petition is consigned to records.
Order Date :- 30.7.2019 Ashok Kr.