D.K.Seth, J. - (1.) The petitioner was transferred by an order dated 17th April, 1993 to Aligarh but the petitioner had obtained an interim order dated 24th August, 1993 by which the operation of the order of transfer was stayed for a period of three months. It seems that the said interim order was not extended thereafter. By virtue of an order dated 7th November, 1998 contained in Annexure-2 to this petition, the petitioner has been relieved from the present post pursuant to the order dated 17th April, 1993. This order has been challenged in this writ petition.
(2.) Mr. P. N. Dubey, learned counsel for the petitioner has attacked the said transfer order contained in Annexure-2 on the sole ground that the order of transfer issued on 17th April, 1993 was purely on administrative ground and after lapse of five years, administrative ground cannot be said to exist. The contention is absolutely devoid of any merit.
(3.) Whether administrative reason survives or not is a question that has to be weighed with the administration. The administration has its own discretion to which the Court cannot substitute its own view. It is not denied that the transfer is an incidence of the service. The petitioner cannot claim any legal right to stay in the same place for an indefinite period. How he would be transferred and on what ground is a question absolutely at the discretion of the administration. The petitioner has not alleged any illegality or mala fide except that the administrative reason does not exist. The Court is not empowered to ascertain as to whether the administrative necessity exists or not.;