Hon'ble Rajesh Chandra,J.
Heard learned counsel for the parties.
Petitioner, who is employed as Reserve Head Warder in Regional Jail, Azamgarh, was transferred under an order of the State Government dated 01.04.2010 on administrative ground from District Jail Azamgarh to District Jail Agra. He filed Writ Petition No. 20801 of 2010 challenging the aforesaid order. The writ petition was disposed of vide order dated 19.04.2010 granting liberty to the petitioner to make a representation, after recording that transfer is an exigency of service.
The representation made by the petitioner has been rejected by the Director General, Karagar Prashasan Avam Sudhar Sevayen, Uttar Pradesh vide order dated 31.05.2010. Amongst other it has been recorded that both the sons of the petitioner are involved in a case under Section 302 IPC and further the petitioner has also been named in the aforesaid case under Section 120-B IPC. It has further been recorded that the petitioner's home district is Ghazipur and that he has been posted at District Jail Azamgarh for more than 7 years and at Mau similarly for a period of 7 years. The petitioner was also arrested and confined to prison in the aforesaid case for more than 48 hours. In the aforesaid factual background an administrative decision has been taken to shift the petitioner from District Jail Azamgarh to District Jail Agra. The case of the petitioner, that less than 15 months' service remain and therefore under the transfer policy he may not be transferred, has been turned down after recording that transfer of the petitioner is on administrative ground and not a routine transfer.
Having heard counsel for the parties and having gone through the records, we are of the considered opinion that the order passed by the Hon'ble Single Judge, dismissing the writ petition filed against the order rejecting the representation dated 11th June, 2010, cannot be said to be illegal in any manner so as to warrant any interference under Chapter VIII Rule 5 of the High Court Rules.
In view of the aforesaid, present special appeal is dismissed. Order Date :- 21.6.2010 Pkb/