R K MITTAL Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed challenging the impugned transfer, order dated 28.2.2004 (Annexure-1) served upon the petitioner by fax on 3.3.2004, on various grounds including the ground that after issuance of the Model Code of Conduct, issued by the Election Commission of India dated 29.2.2004 (hereinafter called the 'Code'), the State Government was not competent to issue transfer order in respect of petitioner as he would be involved in the forthcoming election process, without prior clearance of the Election Commission even if the order has been issued prior to the issuance of the said Code on 28th February, 2004, for the reason that the Code provided that where the transfer order has been passed but has not been implemented by the said date of issuance, it would not be given effect to without seeking clearance of the Election Commission.

(2.) Shri Manish Goel, learned counsel for the petitioner has submitted that he prays that the impugned order by which petitioner, an Executive Engineer, stood transferred from Aligarh to Bareilly, be quashed as it has been issued in contravention of the Code.

(3.) On the other hand, Sri C.K. Rai, learned standing counsel appearing for the respondents has submitted that the Code issued by the Election Commission of India does not have any statutory force and it is to be treated like a transfer policy which is not justiceable in the Court of Law and if any employee is aggrieved of the transfer order, he must make a representation before the competent authority for redressal of the grievances. The writ petition is liable to be dismissed.