Daya Shankar vs State Of U.P. And 2 Others
2021 Latest Caselaw 1796 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 90 of 2021
 
Appellant :- Daya Shankar
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Appellant :- Kartikeya Saran
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Munishwar Nath Bhandari,J.

Hon'ble Rohit Ranjan Agarwal,J.

Order on Civil Misc. Delay Condonation Application

Since the matter has been heard and decided on merits, the application for condonation of delay is not opposed by the counsel for the side opposite and accordingly it is accepted.

Delay in filing the appeal is condoned.

Accordingly the application is allowed as aforesaid.

Order on Exemption Application

The application seeking exemption from filing certified copies of the order of the High Court is allowed.

The defect stands cured.

Order on Memo of Appeal

By this appeal, a challenge is made to the judgment dated 01.12.2020 whereby the writ petition preferred against the transfer order was dismissed.

The challenge to the order of transfer was made alleging it to be in violation of the Government Order dated 12.05.2020. A challenge on that ground was not accepted by the learned Single as it is now settled law of the land that an order of transfer can be challenged largely on the ground of malafides or in violation of the statutory provisions.

A case of that nature is not made out by the appellant/petitioner and thereby we do not find any reason to cause interference in the order passed by the learned Single Judge dismissing the writ petition.

The appeal fails and is accordingly dismissed.

Date :- 29.1.2021

//Nirmal//