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2025 DAILYLAW 113500 (ALL)

SIRTAZ ALI v. PRESIDENT, UTTAR PRADESH POWER CORPORATION LTD, AND 3 OTHERS

WRIA/20935/2024 · 2025-03-02

Ajay Bhanot

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29446 Court No. - 5 Case :- WRIT - A No. - 20935 of 2024 Petitioner :- Sirtaz Ali Respondent :- President, Uttar Pradesh Power Corporation Ltd, And 3 Others Counsel for Petitioner :- Ramakant Tiwari Counsel for Respondent :- Abhishek Srivastava, Adarsh Bhushan, Devesh Vikram Hon'ble Ajay Bhanot,J. Heard Ms. Saima Khan, learned counsel for the petitioner, Ms. Kritika Sinha, learned counsel holding brief of Shri Abhishek Srivastava, learned counsel for the respondent No. 1, Shri Abhay Singh Tomar, learned counsel holding brief of Shri Adarsh Bhushan, learned counsel for the respondent No. 2 and Shri Devesh Vikram, learned counsel for the respondents No. 3 and 4. The petitioner has assailed the impugned transfer order dated 11.11.2024 transferring him from Electricity Sub Division, Padrauna Old (town-2) under Electricity Distribution Division Padrauna, Kushinagar to Electricity Distribution Division Sevrahi, Kushinagar. It is an intra district transfer. Transfer is an incident of service. No employee has a vested right to be transferred to any place of their choice. Transfer policy has to subserve the larger interest of the institution. The transfer can be challenged only on limited grounds namely, infraction of statutory provision or malafide. None has been asserted or established before this Court. No violation of any statute has been shown. The submission that the transfer is a mid term transfer and is in teeth of transfer guidelines is misconceived. The aforesaid guidelines do not confer any enforceable right to the petitioner. No interference is warranted in the impugned order of transfer. The respondent shall make necessary enquiries as to whether the petitioner has joined at the new place of posting. If not, why appropriate disciplinary action has not been initiated as per law. In wake of the aforesaid, the writ petition is dismissed. Order Date :- 3.3.2025 Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad