Court No. - 36
Case :- WRIT - A No. - 10529 of 2018 Petitioner :- Rajesh Kumar Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Kuldeep Singh Chahar Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
The petitioner seeks quashing of the transfer order dated 16.4.2018 on the ground that his daughter is studying in Class XII and the transfer order would entail civil consequences.
Dealing with the submission, it is relevant to note that the petitioner has been transferred in the annual chain of transfer. He is a member of disciplined force. The Apex Court in the case of State of Haryana & Ors. v. Kashmir Singh & Anr. reported in (2010) 13 SCC 306 in the matter of transfer of police personnel has held as under:-
"12. Transfer ordinarily is an incidence of service, and the Courts should be very reluctant to interfere in transfer orders as long as they are not clearly illegal. In particular, we are of the opinion that transfer and postings of policemen must be left in the discretion of the concerned State authorities which are in the best position to assess the necessities of the administrative requirements of the situation. The concerned administrative authorities may be of the opinion that more policemen are required in any particular district and/or another range than in another, depending upon their assessment of the law and order situation and/or other considerations. These are purely administrative matters, and it is well-settled that Courts must not ordinarily interfere in administrative matters and should maintain judicial restraint vide Tata Cellular v. Union of India- AIR 1996 SC 11"
Following the said dictum, the grounds raised by the petitioner to challenge the transfer order passed in the annual chain of transfer are found untenable.
The petitioner shall first join the new place of posting and only then it would be open for him to raise his grievances before the Competent Authority.
Subject to the above observations, the writ petition is dismissed. Order Date :- 25.4.2018 Jyotsana