Court No. - 58
Case :- WRIT - A No. - 15591 of 2018 Petitioner :- Jitendra Pathak Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Shivajee Singh Sisodiya Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order of transfer dated 12.07.2018; whereby, the petitioner has been transferred from Bareilly, on administrative ground, to Moradabad. The order is challenged on the ground that there is no material adverse on record against the petitioner and therefore, petitioner's transfer is bad in law. Reliance is placed upon certain letters to contend that petitioner's working is to the satisfaction of the authorities.
Petition is opposed by the learned standing counsel.
From the material brought on record, this Court finds that petitioner has been continuing at the same station for the last more than seven years. In such circumstances, if the petitioner has been transferred to adjoining district, no interference, with the order of transfer, is called for. Law is, otherwise, well settled that transfer is, ordinarily, an incident of service and should not be interfered with, save in cases where, inter alia, mala fide on the part of the authority is proved.
Although it is sated that petitioner is a handicapped person, but no document, in support of such plea, has been brought on record. In the facts and circumstances of the case, noticed above, in case the petitioner joins, forthwith, pursuant to the order of transfer, it shall be open for the petitioner to represent in the matter, along with certified copy of this order, which shall be examined by the authority concerned, keeping in view the transfer policy and the personal hardships of the petitioner, in accordance with law.
With the observations, aforesaid, this petition stands disposed of.
Order Date :- 25.7.2018 Amit Mishra