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1992 DIGILAW 796 (ALL)

Mahidev Malviya v. State of U. P

1992-05-21

D.S.SINHA

body1992
JUDGMENT D. S. Sinha, J. - Heard Sri Veer Singh, learned counsel for the Petitioner. 2. The petitioner is a Lekhpal. He has been transferred from Tehsil Nagina to Tehsil Chandpur in the district of Bijnor on administrative ground. 3. The contention of the petitioner is that he is Adhyaksha of Lekhpal Sangh of district Bijnor and his transfer is bad in as much as it violates the Government Order dated 3rd March, 1983, referred to in the Board's letter of April, 1983, a photostat copy whereof is Annexure 4 to the petition, which prohibits the transfer of the President and Secretaries of the Unions of the Government Employees, save in certain circumstances. 4. It is well settled that it is not a sound exercise of discretion under Article 226 of the Constitution to interfere in the matter of transfer, and the proper remedy for the aggrieved employee is to approach the higher authority by means of a representation. (See Gujarat Electricity Board and another v. Atma Ram, 1989 (59) FLR 474 (SC). 5. For the reasons stated above, this court declines to interfere with the impugned order of transfer and dismisses the petition summarily leaving it open to the petitioner to approach the higher authorities by means of appropriate representation which this court trusts shall be disposed of as expeditiously as possible.