- (1.) THIS present Special Appeal has been filed against the judgment and order dated 23rd July, 2010 passed by the learned Single Judge whereby the writ petition preferred by the present appellant against the order rejecting his representation against his transfer has been dismissed. The appellant is a Lekhpal, who is working in Tehsil Sadar, District Moradabad. He was transferred by an order dated 28th January, 2010, to Tehsil Sambhal, District Moradabad. The order dated 28th January, 2010, was challenged by the present appellant by means of Writ Petition No. 8339 (A) of 2010, which was disposed of by the judgment and order dated 17th February, 2010 of this Court with a direction to the respondent No. 2 therein i.e. the District Magistrate, Moradabad, to consider the claim of the petitioner and pass appropriate order in accordance with law, within a time bound period.
(2.) PURSUANT thereto the appellant filed a representation before the District Magistrate which was decided vide order dated 23rd June, 2010. The representation has been rejected on the ground that the transfer has been made on administrative ground. The order dated 23rd June, 2010, was again challenged by the present appellant by means of Writ Petition No. 42833(A) of 2010, which has been dismissed by the learned Single Judge by the impugned Judgment and order dated 23rd July, 2010 giving rise to the present appeal. We have heard Sri Daya Shankar Mishra, learned Counsel for the appellant and have perused the judgment and order dated 23rd July, 2010, as also the grounds taken in the memo of the appeal and the documents filed alongwith it.
(3.) SRI Daya Shankar Mishra, learned Counsel submitted that the learned Single Judge has erred in law in dismissing the writ petition on the ground that the order of transfer cannot be challenged. He further submitted that the learned Single Judge was not right in holding that the plea which was raised in the writ petition and if not considered by the District Magistrate could be taken to have been dis -allowed is not correct in as much as the learned Single Judge did not adjudicate on the various points raised in the writ petition and relegated the appellant to make a claim before the District Magistrate. He further submitted that the finding recorded by the learned Single Judge was prior to the order passed by the authorities asking him to do the census work. He further submitted that in terms of the Government order the appellant was entitled to continue to remain posted at Tehsil Sadar for a period of ten years and there are number of persons, who have completed more than ten years and have not been transferred. Therefore, the action is arbitrary and malafide.;