Court No. - 36
Case :- WRIT - A No. - 10815 of 2018 Petitioner :- Kamlesh Kumar Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shyam Surat Shukla Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
By means of the present petition, the petitioner is challenging the transfer order. The petitioner has been transferred by an order dated 27.02.2018 from Bhadohi to Fatehgarh. The transfer order is being challenged on the ground that no reason has been assigned by the respondent.
The contention of the petitioner is that he was accommodated by the competent authority on account of the personal difficulties being faced by him in the year 2016 and was transferred in such a manner that he may remain in district nearby District Varanasi, where his family members are living. His mother is old widow lady and his wife is suffering from some disease.
To deal with this submission of the petitioner, suffice it to note that the petitioner is holding a transferrable post. Transfer is an exigency of service. The Apex Court in the case of State of Haryana & others Vs. Kashmir Singh & another reported in 2010 (13) SCC 306 has held that the Court may be slow to interfere in the transfer order and challenge only on the ground of malafide or violation of statutory rules, specifically in the matter of transfer of police personnel.
In view thereof, without entering into the merits of the claim made by the petitioner, the writ petition is being disposed of with the direction to the petitioner that the petitioner shall first join at the transferred place and then move a representation before the competent authority.
In that eventuality, the competent authority shall be under obligation to take an expeditious decision considering the adverse circumstance being faced by the petitioner, sympathetically and pass appropriate order in accordance with law.
Order Date :- 30.4.2018 Himanshu