Court No. - 5
Case :- WRIT - A No. - 9568 of 2019
Petitioner :- Vinay Kumar Rawat Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sarvesh Kumar Counsel for Respondent :- C.S.C.
Hon'ble Vivek Varma,J.
The present writ petition has been filed against the transfer order dated 27.05.2019 passed by the respondent no.2-Addl. Director General, NCC, Directorate, Lucknow transferring the petitioner from 92 U.P. Bn. NCC, Ghazipur to 40 U.P. Bn. NCC, Sikanderabad.
Learned counsel for the petitioner contends that the impugned order has been passed because of malafide of higher authorities. The respondents are having a malice against him. He therefore, submits that the impugned order of transfer is liable to be quashed.
Heard learned counsel for the parties and perused the record.
The allegation of malafide are vague and not specific and precise. Not a single person has been named in the array of the parties, therefore, ground of malafide cannot be considered for want of necessary party. It is settled legal proposition that in case allegations of malafide are made against any person he is to be impleaded by name, otherwise the allegation cannot be considered.
It is not in dispute that the petitioner holds a transferable post and transfer is an exigency of service. Violation of transfer policy or executive order does not confer any vested right on the employee to challenge the transfer order in the Court. Reference may be made to the judgments of the Supreme Court in Union of India and others v. S.L. Abbas, (1993) 4 SCC 357; Shilpi Bose (Mrs.) and others v. State of Bihar and others, 1991 Supp 2 SCC 659; and, N.K. Singh v. Union of India and others, (1994) 6 SCC 98.
From a perusal of the pleadings of the writ petition and from the submission made across the bar, learned counsel for the petitioner has failed to point out any violation of statutory provision or service rules.
In view of the above, the Court is not inclined to interfere with the transfer order in exercise of its discretionary jurisdiction under Article 226 of the Constitution of India. However, it is open to the petitioner to approach the competent authority by filing a representation, which shall be considered and decided on merits by a reasoned and speaking order as expeditiously as possible, preferably within a period of six weeks from the date of filing of a certified copy of this order alongwith copy of the writ petition.
It is made clear that the representation of the petitioner shall be considered after the petitioner reports at the transferred place.
The writ petition is, accordingly, disposed off. Order Date :- 10.6.2019 Lbm/-