Judgment

G.P. Mathur, J.—Leave granted.

2. This appeal, by special leave, has been preferred against judgment and order dated 5.5.2005 of Delhi High Court by which Writ Petition (C) No. 7387 of 2005, filed by the appellant challenging the order dated 7.4.2005 by which he had been transferred to Defence Research and Development Establishment (for short ‘DRDE’), Gwalior, was dismissed.

3. The plea taken by the appellant in the writ petition filed by him before the High Court was that he belonged to Army Medical Corps and was being shifted to a non-medical organization, which had only one officer of Army Medical Corps and that too of the rank of Major or Lt. Colonel. The transfer order was malafide as it had been passed on account of his success in an earlier writ petition filed by him being W.P. (C) No. 6131 of 2003, whereunder he had sought quashing of certain proceedings initiated against him and on account of the decision in the writ petition the respondents ultimately promoted him to the rank of Major General. It was further pleaded that he had been transferred to Gwalior in order to accommodate one Brigadier R.P. Tripathi to the post of Director in the Institute of Nuclear Medicine