Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the appellant, learned Standing Counsel for the opposite parties Nos. 1 to 3.
Petitioner who is working on the post of Assistant Sub Inspector in Central Reserve Police Force had approached this court under Article 226 of the Constitution of India feeling aggrieved from the transfer order dated 19th May, 2010 from C.R.P.F, Bijnore, district Lucknow to 161 Battalion in Jammu and Kashmir. However, learned Single Judge of this Court dismissed the writ petition with a finding that the petitioner was transferred due to shortage of Assistant Sub-Inspectors (Ministerial) to meet out the exigencies of services.
Learned counsel for the appellant submitted that juniors to the petitioners have been retained and by the transfer order petitioner has been transferred from Lucknow to Jammu & Kahsmir.
Now it is settled provision of Law that transfer is an incident of service. An order of transfer may be challenged only on the ground of apparent illegality or violation of certain rules or regulations. In the present case, nothing has been brought on record to indicate that order of transfer was passed malafidely or in violation of certain rules or regulations. Merely because juniors to the petitioner have been retained, does not make out case for interference by this Court. Moreover, the petitioner belongs to Para-Military forces to serve the nation and to meet out the exigency of services, he can be posted anywhere in the country. Order passed by Hon'ble Single Judge does not suffers from impropriety and illegality. Appeal is devoid of merit and it is accordingly hereby dismissed.
Order Date :- 15.6.2010/Kaushal