Madhukar Pandey vs State Of U.P. And 2 Others
2021 Latest Caselaw 4783 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- SPECIAL APPEAL No. - 90 of 2021
 

 
Appellant :- Madhukar Pandey
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Appellant :- Shyam Murari Upadhyay
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manoj Misra,J.

Hon'ble Rohit Ranjan Agarwal,J.

This intra court appeal has been filed against the judgment and order dated 24.11.2020 passed in Writ-A No.9673 of 2020 by which the writ petition of the appellant questioning the order of transfer dated 08.09.2020 has been dismissed.

A perusal of the transfer order would reveal that the transfer is inter block in the same district and there appeared some complaint with regard to the performance of the appellant.

The order of transfer was challenged on the ground that there was a government order dated 12th May, 2020 restraining transfers during Covid-19 Pandemic. It has also been contended that as the order of transfer is punitive in nature, the same is liable to be set aside.

The learned Single Judge took the view that the Government Order dated 12th May, 2020 related to regulating regular annual transfers and not transfers on administrative exigencies.

It appears to us from the record that on account of delay in joining on the post to which the petitioner was transferred, he was suspended. This was stayed on the condition that the petitioner joins the post.

As from the record we find that now the petitioner has already joined the post to which he was transferred and the order of transfer has been passed for administrative reasons, we find no good reason to interfere with the order passed by the learned Single Judge. The appeal is dismissed.

Order Date :- 26.3.2021

AKShukla/-