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1991 DIGILAW 1320 (ALL)

Sheshmani Tripathi v. Inspector General of Prisons, U. P

1991-10-22

B.M.LAL

body1991
JUDGMENT B.M. Lal, J. - Heard learned Counsel for the petitioner and learned Standing Counsel on the question at admission. The counter-affidavit filed on behalf of the respondent is taken on record. The petition is admitted for hearing of parties. At the request of learned Counsel for the parties, the petition is being finally disposed of at the admission stage. 2. This petition is directed against an order dated 24-9-1991 (Annexure 4 to the petition) whereby the petitioner has been transferred from Naini to Moradabad. 3. Learned Counsel for the petitioner contended that by order dated 31-7-1991 the petitioner was transferred from Ghurma (district Sonbhadra) to Naini district Allahabad, and he accordingly joined at Naini. But within a span of two months he has again been transferred from Naini to Moradabad by means of the impugned order. 4. No doubt, in transfer matters no interference is called for in writ jurisdiction save in exceptional cases where the order of transfer wholly appears to be mala fide. See Smt. Shilpi Bose v. State of Bihar, AIR 1991 SC 532 . But in the instant case within a span of two months the petitioner was shifted firstly from Ghurma to Naini and now by the impugned order from Naini to Moradabad without any rhyme or reason. Under the circumstances, it is difficult to that the subsequent order dated 24-9-91 transferring the petitioner from Naini to Moradabad has been made in administrative exigencies. 5. This being so, this petition is allowed. The order dated 24-y-1991 (Annexure 4) is quashed. 6. Let a copy of this order be issued to learned Counsel for the petitioner on payment of usual charges today.