MAHENDRA SINGH Vs. SUGAR COMMISSIONER U P LUCKNOW
LAWS(ALL)-2003-8-87
HIGH COURT OF ALLAHABAD
Decided on August 23,2003

MAHENDRA SINGH Appellant
VERSUS
SUGAR COMMISSIONER U P LUCKNOW Respondents

JUDGEMENT

- (1.) RAKESH Tiwari, J. Heard Counsel for the parties and perused the record.
(2.) BY means of this petition order of transfer dated 24-3-2000 passed by respondent No. 1 is being challenged. At the time of the admission ad interim order dated 1-5-2000 passed by respondent No. 1 was stayed, by which the petitioner was transferred from Bijnor to Azamgarh. The contention of the petitioner is that from the perusal of the order of transfer, it is apparent that order has not been passed in the public interest nor has been passed in the interest of worker. It is submitted that mala fides intention of respondent No. 1 is apparent from the impugned order to punish the petitioner.
(3.) IT is further submitted that the transfer order passed by respondent No. 1 is also in violation of the policy of the Government contained in the guide lines in Government order of pertaining to transfer of employees in the year 1999-2000. According to the G. O. transfer has to be made before 15 June, 1999 and if any transfer order is required to be passed subsequently, it can only be passed with the approval of the Chief Minister. The contention of the petitioner that impugned order of transfer has been passed with a mala fides intention and to punish the petitioner is neither tenable nor sustainable, as no material has been placed before the Court from which the mala fides, alleged are proved.;


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