Allahabad High Court High Court

Awadhesh Kumar Tripathi And … vs U.P. Sahkari Katai Mill Sangh Ltd. … on 27 January, 2010

Allahabad High Court
Awadhesh Kumar Tripathi And … vs U.P. Sahkari Katai Mill Sangh Ltd. … on 27 January, 2010
Chief Justice's Court

Case :- SPECIAL APPEAL No. - 111 of 2010

Petitioner :- Awadhesh Kumar Tripathi And Another
Respondent :- U.P. Sahkari Katai Mill Sangh Ltd. Thru
M.D./President & Ors
Petitioner Counsel :- Ravi Pratap
Respondent Counsel :- Dhananjay Awasthi

Hon'ble Chandramauli Kumar Prasad,Chief Justice
Hon'ble Arun Tandon,J.

Writ petitioners – appellants, aggrieved by order dated 11.01.2010
passed by a learned Single Judge in Civil Misc. Writ Petition No.
875 of 2010, have preferred this appeal under Rule 5 Chapter VIII
of the Allahabad High Court Rules, 1952.

Writ petitioners – appellants, aggrieved by orders of their transfer,
preferred the writ petition. The learned Single Judge declined to
interfere with the same and dismissed the writ petition.

Mr. Ravi Pratap appears on behalf of the appellants.

Transfer is an incidence of service and this Court interferes with
the same only when it is found that the same is in violation of any
mandatory statutory rules or mala fide. The orders impugned in the
writ petition do not suffer from any such infirmity.

Mr. Pratap projects personal difficulty of the appellants.

If that be so, nothing prevents the appellants from filing
representation before the authority concerned.

Appeal stands dismissed with the observation aforesaid.

(C.K. Prasad, C.J.)

(Arun Tandon, J.)

Order Date :- 27.1.2010
AHA