Court No. - 6
Case :- WRIT - A No. - 25221 of 2018 Petitioner :- Purushottam Dass Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shreesh Bahadur Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
The issue raised in this petition is identical to that which was considered by the Court in Writ-A No. 25217 of 2018 (Mahipal Singh Vs. State of U.P. And 2 Others). The said writ petition has been dismissed on the following terms:-
"Heard learned counsel for the petitioner and the learned Standing Counsel.
This petition assails an order dated 04 October 2018 pursuant to which the petitioner, an Area Marketing Officer, has been attached to another Centre. As is evident from the order impugned the aforesaid order has come to be passed bearing in mind the fact that in the Bareilly Division there is a shortage of staff.
The sole ground on which this order is assailed is that it falls foul of the provisions contained in clause 7.4 of the Government Policy. Additionally learned counsel also places reliance upon an order passed by a learned Judge of the Court in Writ-A No. 22247 of 2018 to submit that the order has been passed without prior approval of the Commissioner as envisaged under the Government Policy.
This Court finds itself unable to sustain either of the submissions since undisputedly the petitioner holds a transferable post. The order of transfer is also not established to be in violation of any statutory Rule or terms and conditions of service which governs the petitioner. Insofar as the alleged infractions of policy guidelines is concerned, this Court bearing in mind the decision of the Supreme Court in Mrs. Shilpi Bose And Others Vs. State of Bihar And Others AIR 1991 SC 532, in which it has been held and reiterated that the mere infraction of a policy decision would not warrant invocation of the extraordinary jurisdiction of the Court under Article 226 of the Constitution.
Writ petition lacks merit and is dismissed."
Accordingly and for the reasons assigned therein, this writ petition is dismissed.
Order Date :- 30.11.2018 faraz