Vinay Kumar Singh vs State Of U.P. & Others
2012 Latest Caselaw 3751 ALL

Citation : 2012 Latest Caselaw 3751 ALL
Judgement Date : 27 August, 2012

Allahabad High Court

Vinay Kumar Singh vs State Of U.P. & Others on 27 August, 2012

Bench: Krishna Murari




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 40934 of 2012
 

 
Petitioner :- Vinay Kumar Singh
 
Respondent :- State Of U.P. & Others
 
Petitioner Counsel :- Manish Dev Singh
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Krishna Murari, J.

Heard learned counsel for the petitioner and the learned Standing Counsel representing the respondents.

By means of this petition, under Article 226 of the Constitution of India, the petitioner has challenged the order dated 27.07.2012 passed by the Inspector General of Registration,U. P., Allahabad transferring his services along with various other employees from Jaunpur to Allahabad.

It is contended by the learned counsel for the petitioner that he had undergone bypass surgery at Hinduja National Hospital and Medical Research, Mumbai on 06.02.2011. Thereafter, his treatment is going on. It has further been submitted that on account of the aforesaid fact, his earlier transfer was cancelled but he has again been transferred which would adversely affect his treatment.

I have considered the submission made by the learned counsel for the petitioner and perused the record.

It is well settled legal position that transfer is an incident of service and normally the same is not interfered with unless found to be malafide or in violation of any statutory provision or by way of punishment.

In view of the aforesaid facts and circumstances of the case, there is no illegality in the impugned order which may require any interference by this Court.

The writ petition accordingly fails and stands dismissed.

However, since the petitioner has expressed some personal difficulty on account of his medical condition, liberty is given to him to make a representation before the respondent no. 2, Inspector General of Registration, U. P., Allahabad ventilating all his grievances and in case any such representation is made, the same shall be considered and decided by the concerned authority in accordance with law by means of a reasoned and speaking order expeditiously.

Order Date :- 27.8.2012

Dcs