B.M. Lai and B. Dikshit, JJ. - (1.) HEARD Sri W.H. Khan, learned Counsel for the Petitioner and Sri O.P. Singh, learned standing counsel for the Respondents.
(2.) BY this petition, Petitioner has sought an order, direction or writ in the nature of certiorari quashing the impugned order dated 31.7.95 (Annexure 6 to the writ petition) transferring the Petitioner from Nagar Nigam. Allahabad to Nagar Nigam, Varanasi and order dated 16.8.1995 (Annexure S.A. 1 to the supplementary affidavit) retransferring the Petitioner to Nagar Nigam, Gorakhpur instead of Nagar Nigam, Varanasi. The Petitioner who is in the centralised services of State Government, serving as Chief Engineer in Nagar Nigam, Allahabad, has only 10 months to attain the age of superannuation. Despite that, as is apparent from the impugned orders referred to above, he has been transferred from Allahabad to Varanasi and then to Gorakhpur within the short span of time. Besides, after the aforesaid two transfer orders were stayed by this Court vide order dated 22.8.1995, the Petitioner has been attached to the office of Mukhya Nagar Adhikari, Allahabad, thereby for the third time he has been put in a new position.
(3.) HERE it may be made clear that in transfer matters no interference in writ jurisdiction is normally called for as ordinarily transfers are made In administrative exigencies and thus are concomitant of service. But where apparently it appears that the transfers are made in colorable exercise of powers or are actuated with malice or are made frequently within a short span of time, the courts are not lagging behind in quashing such transfers on this touchstone if instant case is tested, it comes in the category of frequent transfers within the short span of time.;