Court No. - 36
Case :- WRIT - A No. - 6163 of 2021 Petitioner :- Manoj Kumar Rai Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri B.B. Pandey, learned Chief Standing Counsel assisted by Shri Sanjay Kumar Singh, learned Addl. Chief Standing Counsel and Shri Devesh Vikram, learned Standing Counsel for the State respondents.
The petitioner is before this Court questioning the validity of the transfer order dated 29.4.2021 communicated to the petitioner on 7.5.2021 passed by respondent no.2, so far as it relates to the petitioner, by which the petitioner working in the police department has been transferred from District Kaubhambi to District Gautambudh Nagar with immediate effect.
Learned counsel for the petitioner has challenged the impugned order on the ground that in the pandemic period the petitioner cannot be transferred in view of the Government Order dated 12.5.2020.
Learned Chief Standing Counsel on the other hand has submitted that the aforesaid Government Order has subsequently been modified by Government Order dated 1.7.2020, whereby it is provided that the aforesaid Government Order would not apply on the police personnel.
This Court has the occasion to peruse the impugned order of transfer and find that there is no occasion or reason for this Court to interfere with the transfer order in question.
In view of this, there is hardly any scope of interference with the order impugned in view of the dictum of Apex Court in the cases of Mrs. Shilpi Bose and others Vs. State of Bihar and others 1995 (71) FLR 1011 (SC); State of U.P. Vs. Gobardhan Lal AIR (2004) SC 2165; Union of India and others Vs. Janardhan Debanath and another (2004) 4 SCC 245 and S.C. Saxena Vs. Union of India and others (2006) 9 SCC, page 583.
Coupled with this as far as transfer policy is concerned, same is not at all enforceable in Court of Law and proper remedy, in case transfer policy has been violated, for the incumbent is to approach the authority concerned.
Lastly, petitioner has pointed out lot of personal inconvenience that would be caused to him in case he is forced to join at the transferred place.
Transfer and posting are within the domain of the authority concerned and it is for the authority to decide and determine as to where an incumbent is to be posted and as to where his/her services are to be best utilized. The issue of convenience and inconvenience is also be examined by the authority concerned and not by this Court.
In view of this, as far as this Court is concerned, this Court cannot come to rescue of the petitioner and remedy of petitioner is to represent his claim before the authority concerned and in case such a representation is moved within a week from today, the same be decided, in accordance with law, preferably within next three weeks from the date of receipt of representation along with copy of this order, subject to the condition that petitioner should first go and join at the transferred place, as per the law laid down by Apex Court in the case of S.C. Saxena (Supra).
With the above observations/directions, present writ petition is disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 20.5.2021 SP/ Digitally signed by Justice Mahesh Chandra Tripathi Date: 2021.05.21 09:57:47 IST Reason: Document Owner Location: High Court of Judicature at Allahabad