Court No. - 38 Case :- WRIT - A No. - 40810 of 2010 Petitioner :- Kapil Dev Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- Santosh Kumar Singh Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and learned Standing
Counsel.
Petitioner is aggrieved by the order of transfer dated 22.06.2010.
According to the petitioner, no employee will be transferred out
side the district unless and until there is a approval by the
Government.
I have considered the submission of the petitioner and perused the
record. As this is a case of transfer and transfer is an exigency of
service, therefore, normally this court does not interfere in the
order of transfer unless and until it is established that it has been
passed malafidely or by an authority who is not competent to pass
the order or order of transfer is by way of punishment. From the
perusal of the order of transfer no such ingredients are available in
the order. In such circumstnaces, this Court should not interfere
but an opportunity is given to the petitioner to approach the
authority concerned by making a representation. As according to
the petitioner, he has already submitted a representation on
05.07.2010 before the respondents No. 2 that is still pending for
consideration. In such circumstances, it is expected from the
respondents No. 2 to consider and decide the representation of the
petitioner according to law if possible within a period of two
months from the date of production of a certified copy of this
order.
The writ petition is disposed of accordingly.
No order as to costs.
Order Date :- 15.7.2010
Sazia