Sheetal Prasad Gupta vs State Of U.P. Thru. Prin. Secy. Deptt. Of ...
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Allahabad High Court

Sheetal Prasad Gupta vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 1 February, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:9682-DB
 
Court No. - 1
 

 
Case :- SPECIAL APPEAL No. - 377 of 2023
 

 
Appellant :- Sheetal Prasad Gupta
 
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Irrigation And Water Resources U.P. Govt. Lko. And Others
 
Counsel for Appellant :- Shrawan Kumar Verma
 
Counsel for Respondent :- C.S.C.,Vijyant Nigam
 

 
Hon'ble Attau Rahman Masoodi,J.
 

Hon'ble Brij Raj Singh,J.

1. Heard learned counsel for the appellant, Sri Vijyant Nigam learned counsel for the respondent No.5 and learned standing counsel for the State.

2. This Intra-Court appeal under Chapter VIII Rule 5 of the Allehabad High Court Rules, 1952 is directed against the impugned judgment/order dated 10.7.2023 passed by the Writ Court dismissing the writ petition arising of an order of transfer.

3. The Writ Court while dismissing the writ petition has recorded plausible reasons and it is observed that the order of transfer unless violative of statute or suffering from mala fide, cannot be interfered with. Even otherwise, the Court should be slow to interfere in the matters of transfer and posting. We have gone through the order passed by the Writ Court. In our humble consideration, the impugned judgment/order does not call for interference and deserves to be upheld.

4. With the observations as above, the special appeal is dismissed. The appellant, however, is permitted to join within a period of 15 days from today and in case he joins within the aforesaid period, his claim for past salary may accordingly be decided in accordance with law.

(Brij Raj Singh, J.) (Attau Rahman Masoodi, J.)

Order Date :- 1.2.2024

Rajneesh JR-PS)