LILY USHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has approached this Court to impugn the order of her transfer dated 14.9.2006. The primary grievance of the petitioner is, that the impugned transfer order has the effect of annulling her posting at the present station, ordered merely two and a half months preceding the passing of the impugned order. It is the vehement contention of the learned counsel for the petitioner, that the impugned transfer order is against the policy instructions issued by the State government. It is also asserted, that the instant transfer order has been effected at the behest of the local MLA, and as such, it is liable to be concluded, that the same is based on extraneous considerations/malafides.

(2.) The issue in hand needs to be adjudicated upon in terms of the law declared by the Apex Court. In this behalf, reference may be made to the decision rendered by the Apex Court in State of U.P. and others V. Gobardhan Lal, AIR 2004 SC 2165, wherein the Supreme Court observed as under:-

(3.) Since it is the case of the petitioner, that the impugned transfer order is based on pointed favour shown at the hands of the MLA, the matter primarily should be examined in that respect. The pleadings of the instant writ petition, however, reveal that the concerned MLA has not been impleaded as a party respondent, as such, it is not possible for us to take into consideration any of the allegations levelled by the petitioner against a person who has not been impleaded as a party respondent. Accordingly, the plea raised by the petitioner, that the impugned transfer order is based on extraneous considerations/malafides, will have to be rejected.