Umesh Kumar vs State Of U.P. And 5 Others
2021 Latest Caselaw 7986 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 459 of 2021
 

 
Appellant :- Umesh Kumar
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Appellant :- Kamla Singh,Vijay Shanker Singh
 
Counsel for Respondent :- C.S.C.,A.S.G.I.
 

 
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
 
Hon'ble Ajai Tyagi,J.

Civil Misc. Exemption Application No. 1 of 2021

Exemption application is allowed.

The appellant is exempted from filing the certified copy of the judgment dated 23.06.2021 passed by learned Single Judge.

Special Appeal

By this appeal, a challenge is made to the judgment dated 23.06.2021 passed by learned Single Judge whereby the writ petition preferred by the petitioner against order of transfer was dismissed.

We find no error in the judgment impugned because order of transfer was challenged in reference to a letter written by Deputy Inspector General (Personnel). This does not give right to challenge the order of transfer because it can be interfered only on the ground of malafide or violation of the statutory provisions.

The case of nature where interference in the order of transfer can be made, is not made out. It is settled law that even the violation of the instruction of the guidelines for transfer cannot be a ground to cause interference in the order of transfer by the Courts. Accordingly, we are unable to cause interference in the judgment impugned herein.

The appeal fails and is, accordingly, dismissed.

Order Date :- 14.7.2021

Shubham

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(Ajai Tyagi, J.) (Munishwar Nath Bhandari, A.C.J.)