K.K.SRIVASTAVA Vs. U.P.STATE BRIDGE CORPORATION LIMITED, LUCKNOW AND OTHERS
LAWS(ALL)-2008-8-324
HIGH COURT OF ALLAHABAD
Decided on August 07,2008

K.K.Srivastava Appellant
VERSUS
U.P.State Bridge Corporation Limited, Lucknow and Others Respondents

JUDGEMENT

SUDHIR AGARWAL, J. - (1.) HEARD Sri L.R. Khan, learned Counsel for the petitioner and perused the record.
(2.) THE petitioner is aggrieved against the order of transfer dated 22.11.2007 whereby he has been transferred from Chopan to Allahabad, order dated 4.12.2007 whereby his order of transfer was modified transferring him from Chopan to Pratapgarh and order dated 26.2.2008 which has been passed by respondent No 2 whereby his representation dated 9.1.2008 against the aforesaid order of transĀ­fer was rejected. Learned Counsel for the petitioner contended that the petitioner is a class-IV employee and has been transferred against the norms of department in order to accommodate some other person. In support of his submission that the order of transfer is against the norms the same is illegal, he placed reliance on the decision of Apex Court in N.K. Singh v. Union of India and others, 1994 (6) SCC 98.
(3.) HOWEVER , I do not find any force in the submission. Learned Counsel for the petitioner could not show that his service are not transferable from one place to another. He also could not show that the impugned order of transfer is contrary to any statutory rules or his bad or mala fide. In fact none has been impleaded mine in the writ petition, therefore, the plea of mala fide cannot, be entertained at all. The Apex Court has consistently held that the order of transfer can be reviewed in a Court of Law only if it is contrary to rules is bad on account of mala fide or the authority concerned has no jurisdiction to transfer.;


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