RAJESH KUMAR SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) B. S. Chauhan, J. This special appeal has been filed against the judgment and order of the learned Single Judge, dated 2-6- 2003, by which the writ petition No. 24273 of 2003 against the impugned transfer order dated 20-5- 2003 has been dismissed.

(2.) THE learned Counsel for the appellant has raised large number of issues and made allegations of mala fides submitting that impugned transfer order had been passed at the behest of the BSP leader. THE transfer order is against the transfer policy framed by the respondents. THE learned Single Judge failed to consider the inconvenience which would be suffered by the petitioner as his wife is heart patient and her treatment is going on at Basti. More so, the transfer order would adversely affect the education of his children. THErefore, the judgment and order of the learned Single Judge is liable to be set aside and the impugned transfer order is liable to be quashed.

(3.) SIMILAR view has been taken by the Apex Court in Chief General Manager (Telecom) N. E. Telecom Circle (supra ).