VISHWAMBHER PRASAD MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) The brief facts of the case are that in the year 2000, the petitioner was initially appointed on the post of Paid Platoon Commander in the Home Guards Department. In the year 2007, the petitioner was promoted on the post of Inspector-Home Guards and thereafter he was promoted on the post of District Commandant vide order dated 04.07.2013 and he was posted at district Barabanki where he joined on 01.08.2013. While posted as District Commandant, Home Guards, district Barabanki, petitioner has been transferred to district Balarampur vide order dated 19.06.2014 passed by Joint Secretary Home Guards and consequential order dated 19.06.2014 passed by Senior Staff Officer/ Senior Staff Officer to Commandant General Home Guards, being aggrieved from the impugned orders the petitioner has preferred the instant petition.

(2.) We have heard Sri Chandra Bhushan Pandey, learned Senior Advocate, assisted by Sri Awadhesh Mishra, learned counsel for petitioner, and Sri Zafaryab Zilani, learned Additional Advocated General, assisted by Sri Vivek Shukla, learned counsel appearing for State-respondents.

(3.) The submission of learned counsel for petitioner is that the petitioner has been transferred in anticipation against a non-vacant post. Further submission is that the petitioner has served only for a period of 10 months while being posted as District Commandant Home Guards, Barabanki and apparently there is nothing adverse against him. The transfer of petitioner has been done without assigning any cogent reason and in clear violation of the Government Transfer Policy dated 04.06.2014. The impugned transfer order has been passed by respondents on the basis of pick and choose policy and with mala fide intention, as in other districts, where additional charges have been given to the officers posted at other districts and hence there was no occasion for the authorities to disturb the present posting of the petitioner. It is also asserted that the impugned transfer order is violative of Article 14, 16 and 21 of the Constitution of India.