Special appeal challenging an order related to office transfer dismissed. Court found no error in the order and held no interference was warranted as no challenge was made to the transfer itself.
Special appeal dismissed.
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Court No. - 21
Case :- SPECIAL APPEAL No. - 653 of 2018
Appellant :- Peetam Singh Respondent :- State Of U.P. And 4 Others Counsel for Appellant :- S.M. Iqbal Hasan Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
Learned Single Bench examined correctness of the order dated 24th of April, 2018 . On going through the order dated 24th of April, 2018, it reveals that the same is not an order of transfer but the order passed in compliance of transfer order dated 7th of April, 2018. No challenge is given by the petitioner to the order transferring him from one place to other. In light of it, we do not find any wrong with the order dated 24th of April, 2018.
At this stage, learned counsel appearing on behalf of the appellant-petitioner states that the appellant-petitioner, as a matter fact, was intending to challenge the order of transfer but due to some inadvertence challenge to that has not been given. Though the order of transfer is not available on record but as stated the same too is an order simplicitor. It is well settled that the Courts are not supposed to interfere with the orders of transfer until those are in-contravention of a statute or outcome of mala-fides or are shockingly arbitrary. No such eventuality exists in the instant matter.
In view of whatever stated above, we do not find any wrong with the order impugned, does not warrant any interference.
The appeal is dismissed.
Order Date :- 20.7.2018 Rameez
(Chandra Dhari Singh,J.) (Govind Mathur,J.)
1 issue framed by the court
Whether the impugned order warranting interference.
Peetam Singh
State Of U.P.
Govind Mathur
Chandra Dhari Singh
As recorded by the court registry
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