IN THE HIGH COURT OF ALLAHABAD
S. P. Mehrotra, J.
RIAZ AHMAD - Appellant
Versus
ADDITIONAL REGISTRAR (ADMINISTRATION), CO-OPERATIVE SOCIETIES - Respondents
Civil Misc. Writ Petition 36953 Of 2002
Decided On : 09/02/2002
Transfer - Service Matter - Article 226 of the Constitution of India - Rule 19(l)(a) - B. Varadha Rao v. State of Karnataka and Ors. - Mrs. Shilpi Base and Ors. v. State of Bihar and Ors. - Union of India and Anr. v. N. P. Thomas - Union of India and Ors. v. S. L. Abbas - State of Punjab and Ors. v. Joginder Singh Dhatt - N. K. Singh v. Union of India and Ors. - Abani Kanta Ray v. State of Orissa and Ors.
Fact of the Case:
The petitioner, an Accountant in the office of the District assistant Registrar, U. P. Co-operative Societies, Siddharth Nagar, filed a writ petition under Article 226 of the Constitution of India, seeking to quash a transfer order and requesting to remain in his current position due to domestic problems.
Finding of the Court:
The court found that transfer is an incident of service and is not to be interfered with unless there is a violation of statutory rules or mala fide in the issuance of the transfer order. The court also noted that the distance between the petitioner's current and new place of posting was not significant.
Issues: The issues revolved around the petitioner's request to quash the transfer order and remain in his current position due to domestic problems, and the court's consideration of the legality and necessity of the transfer.
Ratio Decidendi: The court relied on various judicial decisions to establish that transfer of a government servant in a transferable post is an ordinary incident of service and should not be interfered with unless there is a violation of statutory rules or mala fide in the issuance of the transfer order.
Final Decision: The writ petition was dismissed, and the court held that no interference was called for with the impugned transfer order, as the petitioner was holding a transferable post and the distance between his current and new place of posting was not significant.
( 1 ) THIS writ petition has been filed by the petitioner under Article 226 of the Constitution of india, inter-alia, praying for issuance of writ, order or direction in the nature of certiorari quashing the transfer order dated 21. 8. 2002 (Annexure 14 to the writ petition) and further for issuance of writ, order or direction in the nature of mandamus commanding the respondents not to interfere in the functioning of the petitioner as Accountant in the office of the District assistant Registrar, U. P. Co-operative Societies, Siddharth Nagar and pay him salary regularly.
( 2 ) FROM the allegations made in the writ petition, it transpires that the petitioner was initially working on the post of Assistant Accountant, and since 29. 10. 1997, the petitioner is working on the post of Accountant. It further transpires that by the order dated 18th August, 1997 (Annexure 1 to the writ petition), the petitioner was transferred from Gorakhpur to Siddharth Nagar on his request on account of his domestic problems. By the order dated 17th November, 1997 (Annexure 2 to the writ petition), the petitioner was transferred to District Sant Kabir Nagar. However, considering the domestic problems of the petitioner, the said transfer order dated 17th november, 1997 was cancelled by the order dated 19th November, 1997 (Annexure 3 to the writ petition ).
( 3 ) AGAIN, by the order dated 20th January, 1998 (Annexure 4 to the writ petition), the petitioner was transferred from Siddharth Nagar and attached to District Sant Kabir Nagar. However, the said transfer of the petitioner by the order dated 20th January, 1998 was cancelled by the order dated 24th April, 1998 (Annexure 5 to the writ petition ).
( 4 ) AGAIN, by the order dated 12th November, 1998 (Annexure 6 to the writ petition), the petitioner was transferred from Siddhart Nagar and attached to the Divisional Office, Basti. However, by the order dated 25th February, 1999 (Annexure 7 to the writ petition), the said transfer of the petitioner, by the order dated 12th November, 1998 was cancelled.
( 5 ) AGAIN, by the order dated 26th September, 2001 (Annexure 8 to the writ petition), the petitioner was transferred from Siddharth Nagar to the Divisional Office, Basti. However, the said transfer, by the order dated 26th September, 2001 was cancelled by the order dated 6th october, 2001 (Annexure 9 to the writ petition ).
( 6 ) THEREAFTER, by the order dated 29th June, 2002 issued by the Additional Registrar (Administration), Co-operative Societies, U. P. , Lucknow (Annexure 10 to the writ petition), several employees including the petitioner were transferred. By the said order dated 29th June, 2002, the petitioner was transferred from Siddharth Nagar to Banda. Subsequently, by the order dated August 21, 2002 (Annexure. 14 to the writ petition), the said order dated 29th June, 2002 was modified in respect of the petitioner, and the petitioner was transferred from Siddharth nagar to Maharajganj instead of to Banda.
( 7 ) I have heard learned Counsel for the petitioner and learned Standing Counsel appearing for the respondents.
( 8 ) LEARNED Counsel for the petitioner submits that on account of domestic problems, the petitioner would suffer hardship, if he is transferred to Maharajganj.
( 9 ) HAVING considered the submission made by the learned Counsel for the petitioner, I am unable to agree with the same. Admittedly, the petitioner is holding a transferable post. Transfer is an incident of service. Normally, transfer orders are not interfered with by the High Court in exercise of its writ jurisdiction under Article 226 of the Constitution of India, unless there is violation of statutory Rules or there is malaflde in the issuance of transfer order. Learned counsel for the petitioner has not been able to show any malaflde on the part of the respondents, nor has any violation of statutory Rules been pointed out by the impugned transfer order.
( 10 ) REFERENCE in this regard may be made
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