Sudhir Agarwal, J. - (1.) THIS writ petition is directed against the transfer order dated dated 24.3.2011 passed by Respondent No. 4 transferring the Petitioner from District Moradabad to District Saharanpur.
(2.) PETITIONER was posted at Moradabad for the last more than 20 years. It is contended that in the year 1991 he met with some accident as a result whereof one hand of the Petitioner suffered. It is, therefore, contended that Petitioner cannot be transferred in view of the G.O. dated 15.9.2003 and the impugned order of transfer is illegal. A perusal of the aforesaid G.O. makes it clear that generally a person who is handicapped and dependent on others be exempted from routine transfer but where it is necessary there is no complete bar. It is not the case of the Petitioner that for performing his job he is totally dependent on family members. It is also not disputed that Petitioner is performing his regular duties of Constable Civil Police at Moradabad for the last more than 20 years. In the circumstances, reliance placed on the aforesaid G.O. is misplaced. The fact that the Petitioner suffers some handicappedness is nothing but a groundless pretext to avoid his transfer. No government servant can claim that he should be allowed to continue at a particular place for all through his career and he cannot be transferred though he holds a transferable service.
(3.) LEARNED Counsel for the Petitioner could not show that his services are not transferable from one place to another. He also could not show that the impugned order of transfer is contrary to any statutory rules or is bad or mala fide. In fact none has been impleaded eo nomine in the writ petition. Therefore, the plea of mala fide cannot be entertained at all. The Apex Court has consistently held that the order of transfer can be reviewed in a Court of Law only if it is contrary to rules or is bad on account of mala fide or the authority concerned has no jurisdiction to transfer.;