LAWS(UTN)-2009-9-39

SHRI RAJENDRA SINGH BISHT S/O LATE SHRI KESAR SINGH BISHT Vs. KHADI AND VILLAGE INDUSTRIES COMMISSION AND ORS.

Decided On September 02, 2009
Shri Rajendra Singh Bisht S/O Late Shri Kesar Singh Bisht Appellant
V/S
Khadi And Village Industries Commission And Ors. Respondents

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner for quashing the impugned order dated 12.10.2000/03.11.2000 (annexure -1 to the writ petition) whereby the petitioner has been given promotion to the post Supervisor -II (B.K.) and transferred to Z.B.E.C., Bassi Pathana, Punjab.

(2.) THE learned Counsel for the petitioner has challenged the said transfer order on the ground that this transfer order is illegal, violative to the guidelines of the transfer policy & against the rules; the transfer has been made by the respondent on the ground of malafide and colourable exercise to harass the petitioner; the transfer order is violative to the provisions of the Constitution of India enshrined under Article 14 and 16 of the Constitution of India; and the petitioner's wife is ill and if the petitioner is stayed at the place of posting, he is ready to forgo his promotion on the ground of illness of his wife.

(3.) I have heard learned Counsel for the parties and perused the record.