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Judgment
Jayant Patel, J.—The present appeal is directed against the order dated 01.04.2013 passed by learned single Judge of this Court in SCA No. 3692 of 2013, whereby learned single Judge, for the reasons recorded in the order, has not interfered with the transfer order. The contention raised on behalf of the appellant is that the transfer was mala fide inasmuch as since the appellant declined to deposit the cheque, which was otherwise the duty of a clerk, a show cause notice was issued to him and thereafter transfer order was issued and, therefore, in his submission, it can be said as mala fide and this Court may interfere with it.
When we enquired from Mr. Mishra that since how much time the appellant is working at Ahmedabad, he stated that the appellant is working at Ahmedabad since 1999.
Two aspects deserve to be recorded; one is that the appellant is working at Ahmedabad since the year 1999 and after about 14 years he is now transferred. Therefore, it cannot be said as frequent transfer. The second aspect is that since the transfer is from Ahmedabad to Himmatnagar, which is at a distance of 60 kms. only, it cannot be said that a very great hardship would be caused to him if the transfer is effected.
The ground shown of issuance of show cause notice against the misconduct and therefore the transfer, in our view, is without there being any material on record. Learned single Judge has rightly observed that transfer is an incidence of service and a part of service conditions. Therefore, when the appellant is transferred after 14 years, it cannot be said that the power was exercised in an arbitrary manner, as sought to be canvassed. Under the circumstances, we find that the ultimate decision taken by learned single Judge for dismissal of the petition does not call for any interference. Hence, the present appeal, along with the civil application, are dismissed.