Partly allowed

Narendra Singh v. State of U.P. and 4 Others

Allahabad HC25 Sept 2023WRIA/16116/2023

Case brief

AI extract

What is this about?

Petitioner challenged his recent transfer as violating State Policy concerning staff close to retirement. The High Court held the issue of policy violation is not justiciable to quash the order, which requires mala fides or statutory rule breach. The Court directed a departmental inquiry into the petitioner's representation within fifteen days.

What did the court decide?

Quashing of transfer order declined. The petitioner's representation sent to the Director to be decided within fifteen days.

Narendra Singh Vs State of U.P. and 4 Others — Service and Employment | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:185709

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Court No. - 33

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Case :- WRIT - A No. - 16116 of 2023

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Petitioner :- Narendra Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Lavlesh Kumar Shukla Counsel for Respondent :- C.S.C.

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Hon'ble J.J. Munir,J.

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The petitioner has been promoted vide promotion order dated 28.07.2023 from the post of a Senior Auditor to the post of an Assistant Audit Officer by the Director, Co-operative Societies and Panchayat Audit, Lucknow. By an order dated 08.09.2023, passed by the Joint Director, Directorate of Co-operative Societies and Panchayat Audit, Lucknow, the petitioner has been transferred from Jhansi to Saharanpur.

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The grievance of the petitioner is that he has just two years to retire and this is contrary to paragraph no. 5 (vi) of the State's Transfer Policy dated 07.06.2023, which says that persons holding the post of Group C and D would be considered for posting in the district of their choice, as far as possible, except their home district. The petitioner says that his transfer from Jhansi to Saharanpur is in violation of the transfer policy.

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Upon hearing learned Counsel for the petitioner and Ms. Amrita Singh, learned Additional Chief Standing Counsel, this Court is of opinion that the impugned transfer order is not justiciable on the ground of violation of a transfer policy, even if, there is a brazen violation thereof. It is no ground for this Court to quash the transfer order. A transfer order can be interfered with only if it is passed mala fide or is one in violation of the statutory rules. That

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is not the case here. In this view of the matter, no case for quashing the impugned order is made out and that prayer is declined.

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The petitioner has represented his case on 15.09.2023 to the Director, Co-operative Societies and Panchayat Audit, Lucknow, a copy whereof is available on page no. 59 of the paper book. The Director is ordered to decide the petitioner's representation dated 15.09.2023 within fifteen days of date and communicate its result to the petitioner by the registered post at his address given in the cause title to the writ petition or the place of his posting wherever he is working.

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This petition is disposed of in terms of the aforesaid orders. No cost.

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Let this order be communicated to the Director, Co-operative Societies and Panchayat Audit, Lucknow by the Registrar (Compliance) within 48 hours.

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Order Date :- 25.9.2023 Prashant D.

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Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad

Narendra Singh v. State of U.P. and 4 Others

Case brief

What is this about?

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Narendra Singh v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

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