Court No. - 5
Case :- WRIT - A No. - 9610 of 2019 Petitioner :- Neetu Gautam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mayank Pranjal, Kumar Anish Counsel for Respondent :- C.S.C.
Hon'ble Vivek Varma,J.
Heard Sri Kumar Anish, learned counsel for the petitioner and the learned Standing Counsel appearing for all the respondents.
By means of this writ petition, the petitioner has prayed for quashing the impugned transfer order dated 3.6.2019 passed by the respondent nos.2.
It is contended by learned counsel for the petitioner that the petitioner was appointed as Constable on 2.12.2015 and posted in District Etawah. Thereafter, the petitioner was transferred from Etawah to District Ghaziabad on 4.11.2017 and posted as Traffic Constable. He further contended that again the respondent no.3 has passed the order dated 3.6.2019 transfering the petitioner from Traffic Police Line Ghaziabad to Civil Police Bulandshahar.
It is not in dispute that the petitioner holds a transferable post. It is a settled law that transfer is an exigency of service. Violation of transfer policy or executive order does not confer any vested right on the employee to challenge the transfer order in the Court. Reference may be made to the judgments of the Supreme Court in Union of India and others v. S.L. Abbas, (1993) 4 SCC 357; Shilpi Bose (Mrs.) and others v. State of Bihar and others, 1991 Supp 2 SCC 659; and, N.K. Singh v. Union of India and others, (1994) 6 SCC 98.
From a perusal of the pleadings of the writ petition and from the submission made across the bar, learned counsel for the petitioner has failed to point out any violation of statutory provision or service rules.
In view of the above, the Court is not inclined to interfere with the transfer order in exercise of its discretionary jurisdiction under Article 226 of the Constitution of India. However, it is open to the petitioner to approach the competent authority by filing a representation, which shall be considered and decided on merits by a reasoned and speaking order as expeditiously as possible, preferably within a period of two months from the date of filing of a certified copy of this order alongwith copy of the writ petition.
It is made clear that the representation of the petitioner shall be considered after the petitioner reports at the transferred place.
With the aforesaid observations, the writ petition stands disposed off. Order Date :- 13.6.2019/Ajeet