B. M. Lal, J. - (1.) BY means of present petition under Article 226 of the Constitution of India, the petitioner seeks a writ in the nature of certiorari quashing an order dated 30-6-1993 contained in Annexure-2, whereby he has been transferred from Jhansi to Banda.
(2.) ADMITTEDLY the petitioner, who is an Assistant Engineer, is working at Jhansi with effect from 12-7-1988 vide para 13 of the writ petition. On 28-6-1993 the Chief Engineer, Bundelkhand Zone, Jhansi (respondent ho. 3) passed an order contained in Annexure-1 to this petition whereby eight Assistant Engineers including the petitioner were transferred and the petitioner was retained at Jhansi as his transfer was a local local i.e. from Provincial Division Jhansi to 35th Circle, Jhansi. However, by a subsequent order dated 30-6-1993 impugned in this petition, he has been transferred to Banda as stated above. The reason attributed to his transfer as mentioned in the order itself is public interest.
(3.) THE impugned order dated 30-6-1993 is sought to be challenged, inter-alia on the grounds : (1) Transfer policy has not been adhered to in the case of the petitioner ; (2) Four other Assistant Engineers namely, Sarvshri R. K. Rusia, Komal Chand Jain, M. C, Misra and Param Lal Verma, who had not worked in Non Executive Division and come within the policy of transfer, have not been transferred, and the respondent's action in transferring the petitioner is discriminatory and violative of Article 14 of the Constitution of India ; (3) Respondent no. 3, namely Sri V. P. Sharma, who was at one point of time Superintending Engineer of the petitioner, got annoyed with him and with a view to harass the petitioner he has passed the impugned transfer order ; (4) Petitioner's children are admitted in Schools at Jhansi and his wife is under medical treatment at Jhansi. Learned counsel appearing for the petitioner Sri S. S. Sharma advanced arguments at length in support of the above stated grounds.;