Vikas Chandra Tiwari vs State Of U.P. And 3 Others
2017 Latest Caselaw 2599 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- WRIT - A No. - 31549 of 2017
 

 
Petitioner :- Vikas Chandra Tiwari
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Lok Nath Shukla,Nand Lal Pandey,Suyash Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ran Vijai Singh,J.

Hon'ble Ifaqat Ali Khan,J.

We have heard Sri Nand Lal Pandey, learned counsel for the petitioner and learned learned Standing Counsel for the State-respondents.

By means of this writ petition the petitioner has prayed for issuing a writ of certiorari quashing the order dated 13.07.2017 passed by respondent no.3 by which the petitioner has been transferred from Varanasi to Jalaun. The ground to challenge of the transfer order is that within a short span of two months he has been transferred thrice and his case falls under the category of frequent transfer, which is not permissible under the law.

On being confronted as to whether the petitioner has joined at the transferred place or not, learned counsel for the petitioner contends that he has yet not joined at the transferred place.

In view of the judgements of the Apex Court in the case of S.C.Saxena Vs. Union of India and others, (2006) 9 SCC 583 as well as Division Bench of this Court in Sanjay Kumar Vs. Virendra Singh Kushwaha and others (Special Appeal No. 533 of 2016, decided on 1.9.2016) non-joining of the government employee at the transferred place amounts to misconduct.

However, considering the facts and circumstances of the case, in case the petitioner joins at the transferred place within a week and files an affidavit that he has joined at the transferred place, the petition be listed in the additional cause list on 03.08.2017.

Order Date :- 20.7.2017

Swati