Research › Search › Judgment

Allahabad High Court · body

2013 DIGILAW 979 (ALL)

H. C. Raghuveer Singh v. State of U. P. & Ors.

2013-04-01

V.K.SHUKLA

body2013
V.K. Shukla, J.— Petitioner, who is a member of Police Armed Constabulary (PAC), has been transferred from 4th Battalion PAC, Dhoomanganj at Allahabad to 25th Battalion PAC, Raibareilly. At this juncture petitioner has rushed to this Court contending therein that lot of personal inconvenience would be caused to him on account of said transfer. In the facts of the case as petitioner hold transferable post and this is accepted position that the authority, who has passed order of transfer, has got full competence to pass order of transfer, and there is no violation of statutory Rules and Regulation, in view of this there is hardly any scope of interference with the impugned order of transfer. Petitioner is next contended that only 2 and 1/2 years are left to be superannuated and lot of personal inconvenience would be caused to him on account of said transfer. Transfer and posting are within domain of the authority concerned and it is for the authority to see as to where an incumbent is to be posted and as to where his/her services are to be best utilized. In view of this, this Court is not at all going to interfere with the impugned order of transfer but as personal inconvenience is agitated and the same can be examined by the authority concerned, following the judgment of Apex Court in the case of S.C. Saxena Vs. Union of India and others reported in 2006 (9) SCC, page 583, in case petitioner joins at the transferred place and represent his claim before the Authority concerned, then in that event grievance of the petitioner be dealt with, in accordance with law, preferably within next three months from the date of receipt of representation of the petitioner alongwith certified copy of the order passed by this Court. With the above direction present writ petition is disposed of. _____________