Supreme Court rejected a writ petition challenging a government transfer order, holding there was no ground to entertain the challenge on the facts before it.
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Court No. - 34
Case :- WRIT - A No. - 8179 of 2022
Petitioner :- Narvdeshwar Rai Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Gopal Ji Rai Counsel for Respondent :- C.S.C.
Hon'ble Rajeev Misra,J.
Heard Mr. Gopal Ji Rai, the learned counsel for petitioner and the learned Standing Counsel representing respondents-1 to 6.
Challenge in this writ petition is to the aproval accorded by respondent-3 District Magistrate, Ballia on 4.5.2022 with regard to transfer of petitioner as well as the consequential transfer order dated 5.5.2022, passed by respondent-5 Deputy Commissioner (Labour Employment)/ Joint District Program Coordinator, Ballia, (Annexure-15 to the writ petition) whereby petitioner has been transferred from Development Block-Maniyar, District Ballia to Development Block Bansdih, District Ballia.
Learned counsel for petitioner contends that approval dated 4.5.20202 accorded by respondent-3 District Magistrate, Ballia on 4.5.2022 to the transfer of petitioner has not been made available to petitioner. Therefore, copy of the same has not been brought on record. However, order dated 5.5.2022 does not record any reason necessitating the transfer of petitioner. It is thus urged that order impugned is not only illegal but also arbitrary.
Learned Standing Counsel representing respondents- 1 to 6 has opposed the present writ petition. He has invited attention of Court to the joining letter of the petitioner. Copy of same is on record Annexure-1 to the writ petition. On the basis of above, learned Standing Counsel contends that petitioner is holding a transferable post. Transfer is an incident of service. As such there is no illegality in the order of transfer. Moreover nothing has been brought on record to show that petitioner is not holding a transferable post, or the same has been passed contrary to the rules and regulation. No malafide has been alleged either. He, therefore, contends that no indulgence be granted by this Court in favour of petitioner.
This being the position, this Court does not find good ground to entertain the present petition.
Writ petition fails and is liable to be dismissed.
It is accordingly dismissed.
Order Date :- 27.5.2022
Arshad
Digitally signed by ARSHAD MAHMOOD Date: 2022.05.31 09:39:16 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether a transfer order in service holds good in the absence of the approval copy or recorded reasons?
Narvdeshwar Rai
State Of U P
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
