Court No. - 38
Case :- WRIT - A No. - 11243 of 2019 Petitioner :- Surendra Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amish Kumar Srivastava,Suresh Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order of transfer dated 25.6.2019, whereby petitioner has been transferred from Ghazipur to Mirzapur.
The order is assailed on the ground that petitioner's transfer is due to political interference.
Petition is opposed by learned Standing Counsel.
Though attempt is made to challenge the order on the ground of malafide but no individual has been impleaded as a party against whom allegation of malafide could be alleged.
It is not in issue that petitioner holds a transferable post and transfer is an incidence of service. It is pointed out that petitioner is continuing at the same station since 2012. In such circumstance if petitioner has been transferred from the present place of posting, no exception can be taken to it. Challenge laid to the order of transfer, therefore, fails.
However, in the facts and circumstances, it is provided that in case petitioner joins at the transferred place forthwith, it would be open for him to represent his grievance against the order of transfer, highlighting his personal difficulties, before the authority competent, which shall be dealt with in accordance with law.
Subject to the aforesaid observations, this writ petition stands dismissed.
Order Date :- 30.7.2019 Ashok Kr.