Court No. - 38 Case :- WRIT - A No. - 36809 of 2010 Petitioner :- Rameshwar Prasad Dwivedi Respondent :- State Of U.P. And Others Petitioner Counsel :- Neeraj Agrawal Respondent Counsel :- C.S.C. Hon'ble Pankaj Mithal,J.
Petitioner is aggrieved by the order of his transfer dated 12.1.2010 by which
he has been transferred from Fatehpur to Budaun.
The contention of the petitioner is that he is suffering from heart ailment and
as such he is unable to go on transfer. The wife of the petitioner had made a
representation in this regard to the Superintendent of Police. However, no
action on the said representation has been taken. Since the grievance of the
petitioner is based upon the personal difficulty, the same can not be
considered in exercise of writ jurisdiction as otherwise there is no illegality in
the order of transfer.
In view of the above, the writ petition has no merit and and is dismissed but it
shall be open for the petitioner himself to file a comprehensive representation
before the respondent no. 3 within a period of two weeks from today. In case
such a representation is filed within the time stipulated, the respondent no. 3
shall consider and decide the same in accordance with law by a speaking
order as expeditiously as possible preferably within a period of six weeks
from the date of submission of the representation along with certified copy of
this order.
Petition stands disposed of.
Order Date :- 25.6.2010
SKS