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J. J. MUNIR
Vijay Kumar Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Hon'ble J.J. Munir, J.-This writ petition is directed against the transfer order dated 9.10.2024 passed by the Chief Engineer, Distribution Division-II, Prayagraj, transferring the petitioner, an Assistant Engineer, from the Electricity Distribution Sub-Division Katehara, Electricity Distribution Division, Handia, Prayagraj to the Electricity Distribution Sub-Division-City, Pratapgarh, falling under the Electricity Distribution Division-I, Pratapgarh.
2. The facts of this case would show that the petitioner has been in the employ of the Uttar Pradesh Power Corporation Limited, Lucknow (for short, 'the Corporation') since the year 2008. He was posted at Prayagraj (then called Allahabad) from the year 2008 to April, 2013 in different establishments. In April, 2013, he was transferred to Ghazipur, but in November, 2015, he was back at Prayagraj, where again he served in different positions in varying establishments, up to the month July, 2019. In July, 2019, he was transferred to the Gorakhpur Zone and then posted at Bhatpaarrani, Deoria. He remained posted in the Gorakhpur Zone up to 28.6.2024, when on his request that his wife was serving as a Lecturer with a Government Ins
A transfer order cannot be used as a substitute for disciplinary action; if proven to be punitive, it is liable to be quashed.
Point of law: Transfer is an incident of service and that a government servant is liable to the transferred to a similar post in the same cadre.
Transfer orders within a company are administrative decisions that can be contested only on grounds of mala fides or clear policy violations, not merely for causing personal inconvenience.
Judicial review of transfer orders is limited; transfers made on administrative grounds are valid unless shown to be arbitrary or malicious.
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