A writ petition challenging a transfer order on the grounds of violation of an office memorandum prescribing a three-year tenure before transfer was dismissed, as policy guidelines do not attract constitutional extraordinary jurisdiction.
Petition dismissed for lack of merit.
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Court No. - 5
Case :- WRIT - A No. - 13546 of 2018
Petitioner :- Ram Naresh Lal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manoj Kumar Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel for the State respondents.
This petition challenges an order of transfer dated 21 May 2018. The sole ground on which this challenge is based is that the same is in violation of an office memorandum which prescribes that the petitioner and the other officers/employees of the same cadre would normally not be transferred before the expiry of three years. The mere fact that policy guidelines to this effect have been framed and are allegedly violated will not constitute a ground for this Court to invoke its extraordinary jurisdiction under Article 226 of the Constitution. The transfer is also not shown to fall foul of any statutory provision.
Consequently, the petition lacks merit and is dismissed .
Order Date :- 6.6.2018 Arun K. Singh
2 issues framed by the court
Whether transfer of a petitioner prior to the expiry of three years constitutes a violation warranting extraordinary jurisdiction under Article 226 of the Constitution.
Whether an office memorandum prescribing a three-year tenure before transfer creates a statutory provision barring such transfer.
1 provisions across 1 enactments
Ram Naresh Lal
State Of U.P.
Yashwant Varma
As recorded by the court registry
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