Court No. - 29
Case :- SPECIAL APPEAL DEFECTIVE No. - 592 of 2021
Appellant :- Nem Kumar Singh
Respondent :- State Of U.P. And 4 Others
Counsel for Appellant :- Ganesh Shanker Srivastava,Ashwini Kumar
Counsel for Respondent :- C.S.C.
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice Hon'ble Rajendra Kumar-IV,J.
Exemption Application Exemption Application is allowed.
Appellant is exempted from filing certified copy of the judgment dated 05.08.2021 to the appeal.
Order on Appeal By this appeal, a challenge is made to the judgment dated 05.08.2021 whereby the appeal to challenge to the order of transfer was dismissed.
The challenge to the order of transfer was made alleging it to be in violation of the transfer policy. The learned Single Judge did not cause interference in the order of transfer on the ground aforesaid and we do not find any error therein.
A challenge to the transfer cannot be on the ground of violation of transfer policy.
Learned counsel for appellant however made a reference on the judgment of the Apex Court in the case of Union of India and others v. S.L. Abbas reported in (1993) 4 SCC 357.
The judgment aforesaid is against the appellant because the Central Administrative Tribunal caused interference in the order of transfer finding it to be in violation of transfer policy. The Apex Court interfered in the order holding that unless an order suffers from malafide or passed in violation of statutory provisions, interference on the ground in reference to the transfer policy is not acceptable. The appellant was knowing about the judgment of the Apex Court and settled law therein, yet preferred this appeal having no merit.
The appeal fails and is dismissed.
Order Date :- 13.8.2021 Nirmal Sinha
(Rajendra Kumar-IV, J.) (Munishwar Nath Bhandari, A.C.J.)