Court No. - 58
Case :- WRIT - A No. - 18036 of 2018 Petitioner :- Shivpal Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Adarsh Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is aggrieved by an order of transfer dated 25.05.2018, whereby, he has been transferred from Kanpur Nagar to Etawah in public interest.
The order is challenged on various grounds including the ground that petitioner is an office bearer of Union and, therefore, in terms of the transfer policy, he could not be transferred. It is also stated that no permission has been obtained from the concerned District Magistrate for his transfer.
Learned Standing Counsel points out that petitioner has been discharging his duties in Kanpur Nagar for sufficiently long.
Admittedly, petitioner holds a transferable post and the transfer is an incidence of service. There is no malafide or violation of rules alleged. In such circumstances, no interference with order of transfer is called for. Challenge laid to the order of transfer, therefore, fails.
In the facts and circumstances, however, it is provided that in case petitioner joins at the transferred place forthwith, pursuant to order of transfer, it shall be open for him to make a representation, highlighting his personal hardships, as is raised before this Court, within a period of two weeks of his joining. In case such a representation is made, the authority concerned shall consider the same, in terms of the transfer policy and in accordance with law, by way of a reasoned order, within a further period of six weeks, thereafter.
With the aforesaid aforesaid observations/directions, this writ petition stands disposed of.
Order Date :- 24.8.2018 sailesh