Court No. - 40
Case :- SPECIAL APPEAL DEFECTIVE No. - 376 of 2018 Appellant :- Sunil Kumar Gupta Respondent :- State Of U.P. And 3 Ors Counsel for Appellant :- Girish Chandra Maurya Counsel for Respondent :- C.S.C.,Anil Kumar Singh Baghel
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Harsh Kumar,J.
Order on delay condonation application no. 1 of 2018 Heard learned counsel for the appellant and Sri Anil Kumar Singh Baghel for the Zila Panchayat Gorakhpur.
The cause shown for the delay is sufficient. Delay is condoned. The delay condonation application is allowed. Let the office shall give a regular number to this appeal.
Order on appeal This appeal questions the correctness of the order of the learned Single Judge relating to the claim of the appellant for transferring him to the Tax Department from the Engineering Department of the respondent Zila Panchayat.
This is not even essentially a matter of transfer but allocation of work on the respective tables of the same department. We therefore do not find any such justifiable cause so as to warrant exercise of jurisdiction under Article 226 of the Constitution of India and the learned Single Judge does not appear to have committed any error in not exercising discretion.
If the appellant is aggrieved he can departmentally make a request for which no direction is required from this Court.
Consigned to records.
Order Date :- 26.10.2018 M. ARIF