Court No. - 5
Case :- WRIT - A No. - 9621 of 2019 Petitioner :- Pradeep Kumar Tripathi Respondent :- District Magistrate And 2 Others Counsel for Petitioner :- Gopal Misra,Pankaj Misra Counsel for Respondent :- C.S.C.
Hon'ble Vivek Varma,J.
Supplementary affidavit has been filed today, is taken on record.
Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the respondent nos.
By means of this writ petition, the petitioner has prayed for quashing the impugned order dated 29.5.2019 passed by the respondent no.2/3.
It is contended by learned counsel for the petitioner that the petitioner joined as Revenue Inspector in Derapur, Tehsil Kanpur Dehat after taking voluntary retirement from the Indian Navy. The petitioner is aggrieved by the order dated 29.5.2019 by which he is transferred from Malaon Circle to Arol Circle. He further contended that against the transfer order, the petitioner has submitted a representation on 8.6.2019 before the respondent no.1, which is still pending.
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 report at the transferred place.
With the aforesaid observations, the writ petition stands disposed off.
Order Date :- 13.6.2019/Ajeet