R.A. Sharma, J. - (1.) PETITIONER who claims himself to be a Gram Panchayat Adhikari, has filed this writ petition challenging the order of his transfer on the ground of mala fide and also on the ground that he is engaged in census work and as such cannot be transferred. So far as the allegation of mala fide is concerned, learned counsel for the petitioner has invited may attention to paragraphs 4 and 16 of the writ petition but these allegations are absolutely vague and cannot conclude on the basis of these allegations that the order has been passed on account of mala fide. Regarding the other point, learned counsel for the petitioner has invited my attention to the Government Order dated 5.6.1990, issued by the Chief Secretary, Government of U.P. to the District Magistrates in which it has been observed that the Officials, who are engaged in census work should not be transferred. This order does not confer any right on the petitioner and it is a direction from the Government to the subordinate officers.
(2.) IT is however, open to the petitioner to make a representation to the Government and if such a representation is made, same may be considered in accordance with law. In the end learned counsel for the petitioner has argued that the petitioner has already made a representation to the Director, Panchayat Raj and the said Director has passed an order dated 29.11.1990, whereby his transfer has been stayed. This order to the effect that the District Panchayat Raj Officer, Nainital is required to submit his comments/reply in connection with the transfer of the petitioner and till then the petitioner's transfer was required to be stayed. Nothing has been said as to what transpired after the aforesaid order. Be that as it may, ordinarily this Court does not interfere in the cases of transfer unless it is mala fide or without jurisdiction. None of these grounds have been proved before me. As such, the writ petition is liable to be dismissed. It is however open to the petitioner to make representations before the Government and Zila Panchayat Raj Officer containing all his grievances including the grievance relating to his present difficulties and if such a representation is made, it is hoped that the same may be considered in accordance with law expeditiously.
(3.) WITH the aforesaid observations the writ petition is dismissed. A certified copy of this order may be given to the petitioner within a week on payment of usual charges.;