The High Court dismissed a writ petition challenging a pending transfer order, holding no good reason to interfere with the exigency of service transfer.
The writ petition is dismissed and any interim order granted earlier is vacated.
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Court No. - 5
Case :- WRIT - A No. - 41124 of 2009
Petitioner :- Const. 1533 C.P. Ram Naresh Pathak Respondent :- State of U.P. and Others Counsel for Petitioner :- Vijendra Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J.
None appears on behalf of the petitioner even in the revised call. Learned standing counsel is present.
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 :- 6.12.2019 NLY
1 issue framed by the court
Whether discretionary jurisdiction can be invoked to interfere with a pending transfer order.
Const. 1533 C.P. Ram Naresh Pathak
State of U.P.
Surya Prakash Kesarwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
