Sudhir Agarwal, J. - (1.) WRIT petition is directed against the order of transfer dated 26.11.2011 whereby Secretary, U.P. Awas Evam Vikas Parishad, has transferred the petitioner from Construction Division -24, Moradabad under District Bijnore to Construction Unit, Ghazipur under District Ballia. It is submitted that impugned order of transfer is founded on a complaint made by Member of Legislative Council belonging to ruling party and my attention is drawn to letter dated 31.8.2010 (Annexure 1 to supplementary affidavit) of Legislative Council U.P. whereupon it appears that some enquiry was made against petitioner by Assistant Housing Secretary conducted enquiry. He submitted report on 3.11.2011 recording his finding that complaints made against petitioner are not substantiated and the said complaints are incorrect. Besides it is also mentioned therein that the transfer being under the Government policy, no comment can be made. Hosing Commissioner thereafter has passed the order which has been communicated by Joint Housing Commissioner which is impugned in writ petition. A perusal of impugned order does not show that it is founded on the alleged complaint of the Member of Legislative Council which attained finality on a report submitted by Assistant Housing Commissioner on 3.11.2011 recording finding in favour of petitioner.
(2.) LEARNED counsel for petitioner submitted that the order of attachment is illegal since he cannot be attached with the Office. The order of attachment is nothing but a kind of transfer from one place to another to a post which is basically connected with the office of superior authority. It is not the case of petitioner that there is no sanctioned post at the place where the petitioner has been attached or the aforesaid order of transfer will affect his emoluments or salary etc. It is contended that impugned order of transfer is contrary to Government Policy under the guidelines which says that no transfer shall be made in the year 2011 -12.
(3.) IT is now well settled that an order of transfer can not be assailed on the ground of being violative of Government Orders.;