Court No. - 38
Case :- WRIT - A No. - 11200 of 2019 Petitioner :- Raj Kumar Rathi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Awadhesh Kumar Mishra,J.B. Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
An order of transfer dated 12.7.2019 is assailed in this writ petition whereby petitioner has been transferred from Gautam Budh Nagar to Kanpur Nagar. The order is assailed on the ground that petitioner is being attended by the doctors at Safdarjung Hospital, New Delhi for Hepatitis 'B' and that petitioner's transfer is illegal.
Petition is opposed by learned Standing Counsel.
Perusal of the records would go to show that petitioner has been continuing at Gautam Budh Nagar for the last four years. He otherwise holds a transferable post and transfer is an exigency of service. The order of transfer has otherwise been passed after obtaining approval from the Police Establishment Board. In that view of the matter no interference with the order of transfer is called for. The challenge laid to the order of transfer, therefore, fails.
It may be observed that Kanpur Nagar has number of good public and private hospitals. It would not be necessary that petitioner should continue to remain posted at NOIDA only for his treatment.
It is, however, provided that in case petitioner joins pursuant to the order of transfer, he will be at liberty to make a representation within two weeks thereafter and the same shall be dealt with by the authority concerned keeping in view the petitioner's hardship, as has been noticed above. An appropriate order in respect of petitioner's transfer would be passed within a period of four weeks thereafter, in light of the transfer policy.
The petitioner's continuance shall remain subject to the order to be passed by the authority concerned, as indicated above.
Subject to the aforesaid observations and directions, this writ petition stands disposed of.
Order Date :- 30.7.2019 Ranjeet Sahu