D.S. Bajpai, J. - (1.) The petitioner is an Instructor in the department of Humanities in the Government Polytechnic, Lucknow. He is aggrieved by the order of his transfer, dated 8-10-1987 whereby he has been transferred from Lucknow to Faizabad.
(2.) We have heard the learned counsel for the petitioner. The first and the main ground submitted by the learned counsel is that the transfer order is mala fide having been passed only to accommodate opposite party No. 3 Ajai Kumar Sharma, who was transferred by the same order from Faizabad to Lucknow. A perusal of the impugned order would indicate that this order was passed with reference to a D.O. letter No. 5627, dated 11-8-1987 received by the Director, Technical Education from the Government. The learned Standing Counsel was directed to produce a copy of this D.O. letter and he has placed the same for perusal along with the relevant record pertaining to this transfer. A perusal of this record would show that the mother of opposite party No. 3 Ajai Kumar Sharma had submitted an application before the Government mentioning that her husband had recently died and Ajai Kumar Sharma who is her eldest son may be transferred to Lucknow to look after the family matters. On the basis of this application the matter was considered by the State Government and on compassionate grounds the Director of Technical Education was required to transfer Ajai Kumar Sharma to Lucknow. The Director submitted the factual position before the State Government and sought direction about transfer of the present petitioner to any other district. It was also pointed out that both Sri Sharma and the petitioner are ordinary residents of Lucknow district. The matter was again considered in the Government and the Minister-in-charge formed the view that Lucknow being the home town of both these persons, neither of them was entitled to stay at Lucknow, according to the general orders of the Government. Orders of the Chief Minister were sought and keeping in view the difficulties of Ajai Kumar Sharma, particularly, the death of his father the Chief Minister passed the order that Ajai Kumar Sharma be transferred to Lucknow and in his place the petitioner be transferred from Lucknow to Faizabad.
(3.) The learned counsel has placed reliance on two decisions, one of Madhya Pradesh High Court and the other of Patna High Court. In Prakash Chandra Saxena v. State of Madhya Pradesh and othors, 1980 (1) SLR 789, the principle of law decided was that in the case where the transfer is made mala fide or for some ulterior purpose, like punishing an employee, then certainly the court has jurisdiction to interfere in the matter and set aside such order of transfer. On facts it was found that the order of transfer was not passed bona fide and it was issued on extraneous considerations and the petitioner of that case was subjected to transfer from place to place.;