Court No. - 58
Case :- WRIT - A No. - 10771 of 2018 Petitioner :- Kaushal Kumar Yadav Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Rajesh Kumar Singh,Shubham Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 18.07.2018:
"Learned Standing Counsel prays for and is allowed a week's further time to obtain instructions and place the reasons on account of which the compassionate transfer made on 19th April, 2018 has been cancelled.
Put up in the additional cause list on 25.7.2018. "
Learned standing counsel has obtained instructions from the Senior Superintendent of Police, Allahabad, copy of which has been shown to the counsel for the petitioner. Information, which is confidential in nature, has been disclosed as being basis for taking a decision to transfer the petitioner on administrative grounds. Petitioner has, otherwise, been transferred from Allahabad to Varanasi. It is, therefore, contended that no interference with the order of transfer is called for.
Having considered the submissions advanced and the materials placed before the Court, this Court finds that no interference with the order of transfer is called for, particularly, as the petitioner holds a transferable post and transfer is an incident of service. Law is, otherwise, settled that except in case where rules are violated or allegations of mala fide are established, ordinarily, interference with an order of transfer is not warranted.
The writ petition is, accordingly, dismissed.
Order Date :- 25.7.2018 Amit Mishra