Court No. - 38
Case :- WRIT - A No. - 11210 of 2019 Petitioner :- Kamlesh Prasad Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinay Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is aggrieved by an order dated 30th June, 2019, whereby he has been shifted from one Tehsil to another within the same district. It is stated that this order has been passed within a year of his posting and, therefore, the same is impermissible in view of the transfer policy. It is also stated that petitioner had initiated action against the Manager of a School and being annoyed with it the Manager has ensured transfer of petitioner from one Tehsil to another.
Petition is opposed by learned Standing Counsel.
It is not in issue that petitioner is a Member of the District Level Cadre and he can be posted in any tehsil of the district concerned. Merely because he has been transferred from one tehsil to another after a year, it would not require any interference in the writ jurisdiction. So far as the allegation of malafide is concerned, none of the persons against whom malafide is alleged is arrayed as party and, therefore, such allegation cannot be enquired into. The challenge laid to the order of transfer, accordingly, fails.
However, in case petitioner joins pursuant to order of transfer, it would be open for him to make a representation in terms of the transfer policy and also place his personal hardship, as has been noticed above, and the same shall be dealt with by the concerned District Collector.
Subject to the observations made above, this writ petition is consigned to records.
Order Date :- 26.7.2019 Ranjeet Sahu