Court No. - 58
Case :- WRIT - A No. - 17949 of 2018 Petitioner :- Tularam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order of transfer dated 7.10.2017 as well as a subsequent order dated 12th July, 2018, which records that though a period of 8 months have expired since passing of transfer order against the petitioner, but he has not handed over charge as yet. Petitioner has been allowed 3 days' time to hand-over charge failing which appropriate disciplinary action would be initiated against him. The orders are challenged on the ground that petitioner has been subjected to repeated transfers.
Petitioner is opposed by learned Standing Counsel.
In the facts and circumstances, this Court finds that the order of transfer had been passed against the petitioner on 7.10.2017. There is no justification to entertain this petition insofar as challenge is laid to the transfer order dated 7.10.2017 after expiry of more than 10 months. The subsequent order only directs the petitioner to hand-over charge failing which disciplinary action would be taken against him.
The subsequent order cannot be said to be illegal or arbitrary. Petitioner is expected to hand-over charge once he has been transferred.
Writ petition lacks merit and is, accordingly, dismissed.
Order Date :- 23.8.2018 LN Tripathi