Rajiv Kumar vs State Of U.P. And 4 Others
2015 Latest Caselaw 1513 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- WRIT - A No. - 39915 of 2015
 

 
Petitioner :- Rajiv Kumar
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Namit Srivastava,Dinesh Kumar Pandey
 
Counsel for Respondent :- C.S.C.,N.C. Tripathi
 

 
Hon'ble Suneet Kumar,J.

Sri Devendra Kumar has put in appearance on behalf of fifth respondent.

Three weeks time is granted to file the counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

List thereafter before the appropriate Court.

Learned counsel for the petitioner states that  pursuance to the impugned order, the petitioner has not joined the place of posting.

Learned Standing Counsel would submit that the  Supreme Court in S.C. Saxena Vs. Union of India and others; 2006(9) SCC 583 has held:-

"In the first place, a government servant cannot disobey a transfer order by not reporting at the place of posting and then go to a court to ventilate his grievances. It is his duty to first report for work where he is transferred and make a representation as to what may be his personal problems:

In this view of the matter, the prayer of the petitioner for grant of interim relief at this stage is rejected.

Order Date :- 28.7.2015

sfa/