Court No. - 38 Case :- WRIT - A No. - 37985 of 2010 Petitioner :- Prakash Chandra Verma Respondent :- State Of U.P. And Others Petitioner Counsel :- Girijesh Tiwari 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 impugned dated 07.06.2010 by
which the petitioner has been transferred from one place to
another. Petitioner submits that no reason transferring the
petitioner has been recorded and order of present transfer is
harassment to the petitioner being the fact that earlier an order of
transfer was passed, petitoner filed a writ petitioner and this Court
was pleased to grant interim order on 24.07.2009, that writ petition
is still pending. Now again petitioner has been transferred only to
harass the petitioner. Where the petitioner is working still vacant,
therefore, there was no occasion to pass such order.
I have considered the submission of the parties and perused the
record. From the perusal of the order it does not appear that order
of transfer is byway of punishment and has been passed only to
harass the petitioner. Transfer being an exigency of service
normally this Court does not interfere unless and until it proved
that the person who has passed the order of the transfer is not
competent, or order of transfer is malafied or it is by way of
punishment.
From perusal of the order it does not appear to this Court that any
ingredients are present in the order of transfer. Therefore, in my
opinion there cannot be any interference. Anyhow, the petitioner
has already submitted a representation before the respondent No.2,
therefore, in my opinion it will be appropriate that the respondent
No.2 may decide the representation filed by the petitioner
according to law within a period of one month from the date of
production of certified copy of this order before him.
The writ petition is disposed of accordingly.
No order as to costs.
Order Date :- 3.7.2010
Pr/-