IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.540 of 2009 (O&M) Date of decision: 14.7.2009 Samir Deb. -----Appellant Vs. Union of India & others. -----Respondents CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL HON'BLE MRS JUSTICE DAYA CHAUDHARY Present:- Mr. Arvind Moudgil, Advocate for the appellant. Mr. Gurpreet Singh, Advocate for respondents. ----- ORDER: 1. The appellant is aggrieved by the order of learned Single Judge, dismissing the writ petition against order of transfer dated 14.5.2009. 2. The appellant joined Indo Tebetan Border Police (ITBP) in the year 1976. From 1996 to 2006, he remained posted at Chandigarh. From 2006 to 2008, he was posted at Rekong Peo. He made a request in 2008 for his posting at Chandigarh for six months on account of ill health of his wife. His request was granted and the appellant was posted at Chandigarh from LPA No.540 of 2009 August, 2008 to June 2009, when the impugned order was passed. 3. Main contention on behalf of the appellant is that having regard to critical condition of his wife, he could not have been transferred from Chandigarh. 4. Stand of the respondents is that request of the appellant was only for six months and according to exigencies of service, he was liable to be transferred. However, he has been allowed to retain the accommodation at Chandigarh. 5. It is well settled that in matter of transfers, interference by this Court can be only when the order is malafide, illegal or irrational. We are unable to record such a finding in the present case. 6. We, thus, do not find any ground to interfere with the view taken by the learned Single Judge. However, it is made clear that the appellant will be at liberty to represent, with his grievance, to the concerned authorities who may take a decision in the matter, in accordance with law. 7. The appeal is disposed of accordingly. (ADARSH KUMAR GOEL) JUDGE July 14, 2009 ( DAYA CHAUDHARY ) ashwani JUDGE 2