9911796707
TMI Blog2004 (8) TMI 752X X X X Extracts X X X X X X X X Extracts X X X X ..... dv. JUDGMENT Arijit Pasayat, J. 1. Leave granted. 2. While respondent No. 1 was functioning as an Executive Engineer (Mechanical), Irrigation Division-I, Government of U.P., he was transferred from the Tubewell Division-I, Ghazipur to the office of Joint Chief Engineer, Tubewell East, Faizabad. The transfer order dated 23.10.2002 shows that the transfer was on administrative grounds. 3. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of the writ petitioner was on administrative grounds and merely because the writ petitioner was transferred to a non-working post that did not in any way vitiate the order of transfer. 4. The writ petition was allowed by the impugned judgment dated 5.11.2003 holding that the order of transfer was punitive in nature and had been passed by the State Government without awaiting the decision in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion. Unless an order of transfer is shown to be an outcome of mala fide exercise or stated to be in violation of statutory provisions prohibiting any such transfer, the courts or the tribunals normally cannot interfere with such orders as a matter of routine, as though they were the appellate authorities substituting their own decision for that of the employer/management, as against such orders p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that respondent shall file a representation highlighting the various difficulties which may or have resulted from the transfer and the non-desirability thereof. If such representation is made to the appropriate authorities, it goes without saying that the same shall be considered in its proper perspective and in accordance with law. We do not express any opinion in that regard. The appeal is allo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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