The High Court dismissed a writ petition challenging a long-pending transfer order against the petitioner, holding that transfer is a service exigency and no good reason existed to interfere with the impugned order on a transferable post.
The writ petition is dismissed; any interim order, if granted earlier, is vacated.
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Court No. - 5
Case :- WRIT - A No. - 37183 of 2009
Petitioner :- Gokul Singh Respondent :- State of U.P. and Others Counsel for Petitioner :- Vijay Gautam Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Vinod Kumar Mishra holding brief of Sri Vijay Gautam, learned counsel for the petitioner and Sri Anil Kumar Pandey, learned standing counsel for the State-respondents.
This writ petition involves challenge to a transfer order, which is pending in this court from several years.
Transfer is an exigency of service. It is not in dispute that the petitioner was working on a transferable post.
In view of the aforesaid, I do not find any good reason to invoke the discretionary jurisdiction of this court and to interfere with the impugned transfer order. Therefore, the writ petition is dismissed.
Interim order, if any granted earlier, is vacated.
Order Date :- 5.12.2019 NLY
1 issue framed by the court
Whether the High Court should exercise its discretionary jurisdiction to interfere with the transfer order of the petitioner?
Gokul Singh
State of U.P.
Surya Prakash Kesarwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
