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Judgment
R.K. Dash, J.—Heard learned counsel for the petitioner and learned standing counsel.
It is contended by the counsel for the petitioner that petitioner a Head Constable, in the civil police, was transferred from Banaras to Lucknow on compassionate ground by order dated 2.9.2002. Pursuant to the said order, he moved with his family and joined duty on 3.9.2002. About two and half months thereafter, the transfer order was cancelled and again he was asked to come back to Banaras. Challenging that order of cancellation of transfer, he has filed the present writ petition.
Learned standing counsel, on instruction, submits that in obedience to the order of transfer, the petitioner joined his duty at Lucknow on 3.9.2002, but since the order of transfer was against the transfer policy, the same was cancelled by order dated 20.11.2002.
The authorities in helm of affairs of administration should not behave in erratic manner in the matter of transfer. In the case on hand when transfer order was passed on the representation of the petitioner on compassionate ground, the same should not have been cancelled when the petitioner had already joined at Lucknow. Since the petitioner is a low paid employee, his employer should not have used him as a shuttle cock and transferred him from one place to another.
In my opinion, it is a fit case where the Court in exercise of extraordinary jurisdiction should interfere with impugned administrative order.
In the result, the writ petition succeeds and is allowed. The impugned order dated 20.11.2002 cancelling the transfer order is hereby quashed. There shall be no order as to costs.
(Petition allowed)