- (1.) The petitioner is a Sub-Inspector. He has been transferred in public interest from Gorakhpur to Varanasi Zone. He has challenged his transfer order on the ground that his wife is a teacher i. n Gorakhpur and on his request he was earlier transferred to Gorakhpur. The said transfer was cancelled and he was transferred from Gorakhpur Zone to Devi Patan Range. He again made an application to the Inspector General of Police, Gorakhpur Zone and his transfer order was cancelled. The grievance of the petitioner is that despite the said fact the third respondent has passed the impugned order transferring the petitioner from Gorakhpur to Varanasi Zone.
(2.) It is contended on behalf of the petitioner that the petitioner's wife is a teacher in Gorakhpur and the transfer policy of the State Government provides that endeavour should be made to post the husband and wife at a same place. He further submits that once the Inspector General of Police has made a recommendation the third respondent should not have transferred the petitioner from Gorakhpur to Varanasi. No other argument has been raised.
(3.) In the transfer matter the scope of judicial review is very limited. It is a trite law that no Government Servant has any legal right to be posted at any particular place of his choice. Transfer is an incident of government service. Transfer order can be challenged only on the ground of violation of the statutory rules or malafide.;