B.K. Roy, J. - (1.) THE petitioner, a Sub -Inspector of Excise assails validity of an order of his transfer, as contained in Annexure -1, from Dhampur Chini Mill to Sultanpur Chini Mill. The order of transfer was passed on 21st May, 1998 whereas this writ petition was filed on 29th May, 1998.
(2.) SRI . Bhagwati Prasad Singh, learned counsel appearing on behalf of the petitioner, contended as follows: - - (i) The mandate of the Election Commission has been grossly violated. (ii) Though a perusal of the impugned order shows that it has been passed on administrative grounds but really it has been passed in order to accommodate one Ranjit Mall at the direction of Minister of Excise Surya Pratap Sahi in utter violation of the guidelines. (iii) On the Item No. 11 of the transfer list is Mr. Rajesh Malviya, who was transferred from Khatauli Chini Mill, Muzaffarnagar to Sathiyaon Chini Mill, Azamgarh, had come up before this Court in a writ petition in which a prayer has been granted to him to file a representation within 15 days and that the order of his transfer has been stayed till disposal of his representation. I take up the second point urged by the learned counsel for the petitioner first. The Minister at whose instance transfer order has been passed has not been impleaded as party -respondent nor has Ranjit Mall been impleaded. It is always open for the Minister to take into account relevant facts himself or lay before the Cabinet for passing an order of transfer of a Government employee. Accordingly, I do not see any substance in this ground of attack. The guidelines mentioned in Annexure -2 relied upon are not mandatory rather they are merely directory.
(3.) REVERTING to the first submission made by the learned counsel for the petitioner I am of the view that if the mandate of the Election Commission has been violated, the Election Commission itself is the best authority to pass appropriate orders and not for this Court to exercise its jurisdiction in regard to orders of transfer of a Government employee which is an incident of service.;