D.N. Jha, J. - (1.) Petitioner has directed this petition under Article 226 of the Constitution feeling aggrieved by the order of transfer contained in Annexure-7.
(2.) We have heard the learned counsel for the petitioner at length and gone through the various annexures referred to in this petition. The submission of the learned counsel for the petitioner in nut shell is that he was promoted to a monitoring cell where he was working as Varishat Sahayak. In the regional Office of Moradabad where he has been transferred there is no monitoring cell and, therefore, the learned counsel vehemently argued that he could not be transferred and the order of transfer suffers from the vice of mala fide. We are unable to subscribe to this submission. A perusal of the document of promotion shows that it was only an ad hoc arrangement. The designation of the petitioner is described in Annexure-7 as Varishat Sahayak posted at Head quarters and in the same capacity he is being transferred to Regional Office at Moradabad. The transfer order apparently does not suffer from any civil consequences from which it legitimately be inferred that the petitioner is either being going to be reverted or his emoluments are being curtailed. Unfortunately in this case Specific allegations of mala fide have been brought on the record. In this connection we have peresed the averments made in paragraph 21 of the petition. No person by name has been impleaded in the petition. A general allegation of vindictiveness has been described in the paragraph referred above. We cannot base our findings on mere conjectures and Surmises unless very specific allegations are made against an individual, Learned standing Counsel representing Mandi Parishad has categorically stated before us that in no manner the emoluments of the petitioner will be adversely affected nor is he being transferred merely on the ground of malice or that he is a member of the Union. In this view of the matter the impugned order does not suffer from any manifest legal error and no interference by this Court is called for.
(3.) The petition accordingly fails and is dismissed in limine. Petition dismissed.;