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2007 DIGILAW 1803 (PNJ)

Amar Pal Singh v. Vice Chancellor, Punjab Agriculture University, Ludhiana

2007-10-08

ADARSH KUMAR GOEL, RAJESH BINDAL

body2007
Judgment , J. 1. This petition seeks quashing of order dated 24.09.2007, Annexure P.3, whereby the petitioner has been required to swap his position with respondent No. 4 in the same notice. 2. Contention raised is that has been done at the instance of Agriculture Minister. 3. We do not find merit in the petition. It is well-setteled that persons against whom allegations of malafides are alleged, must be party to the proceedings. Reference may be made to judgment of the Honble Supreme Court in Medley Minerals India Ltd. v. state of Orissa, 9 2004) 12 SCC 390. In the present case, allegations of malafides have been made against the Agriculture Minister without impleading him as a party. It is further well-setteled that no government servant has any legal right to be posted at a particular place. 4. Transfer is is a condition of services Order of transfer is not liable to be interfered with unless the same csn be shown to be, malafides or in violation of law. "Reference may be made to judgments of the Honble Supreme Court in State of U.P. v. Siya Ram, AIR 2004 SC 4121 , State of U.P. v. Gobardhanm Lal, AIR 2004 SC 2165 and Kendriya Vidyalaya Sangathan v. Damodar Prasad Pandey, AIR 2004 SC 4850. The petition is dismissed.