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2014 DIGILAW 3342 (ALL)

Rakesh Kumar Saxena v. State of U. P.

2014-11-11

D.Y.CHANDRACHUD, P.K.S.BAGHEL

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JUDGMENT Pradeep Kumar Singh Baghel, J. The appellant had moved a writ petition before the learned Single Judge by which he challenged an order dated 1 October 2014 of the Chief Development Officer, Moradabad, transferring him from JAC-1 (Block-Budget) District Development Office to Block Development Thakurdwara on administrative grounds. 2. When the petition came up before the learned Single Judge, the Court by its impugned order of 15 October 2014, recorded that the only submission of the appellant was that since he had approached the Chief Development Officer, Moradabad, he may be directed to consider his case in the light of the transfer policy and an order was, accordingly, passed in terms as sought by the appellant and the appellant was permitted to raise his grievance before the Chief Development Officer, Moradabad. 3. Since the order which has been passed by the learned Single Judge that the grievance of the appellant be considered by the Chief Development Officer, Moradabad was in terms of the only submission which was made, as recorded in the impugned order, we see no reason to interfere with the direction. Even, as a matter of first principal, the interference by the Court in an order of transfer on administrative grounds is limited. However, we may only note the submission of the appellant that by the Government Order dated 10 October 2011 (Annexure No.2), the competent authority to issue an order of transfer is the Director, Internal Audit in the Finance Department and paragraph 10 of the Government Order has been relied upon in support thereof. 4. If that be the contention, we leave it open to the appellant to move the competent authority. The competent authority may take an appropriate decision in accordance with law. However, we expressly clarify that this order should not be construed as an order of stay or restraint on the order of the transfer in the meantime. The special appeal is, accordingly, disposed of. There shall be no order as to costs.