-^ HIGH COURT OF CHHATTI8GARH A2LBILA8PUR WRTTPETmONfS) No. 4820 of2008 PETmONER : S.K.Singh, aged around 47 years, Son <rf Shri R.L.Sin^i, Resident uf Plot No. 89,,Industrial,; Area, Kailash Nagar, Ekta ChaA, Bfailaii VERSUS RESPONDENTS : 1. State of C.G. Through: The Secretary, , Department of Techmea} Etiucstioui^" (Employmemt and Tjaming) D.K.S. Bhawan, Raipur(C,G.) - ' 2. The Joint Secretary, Govemment <tf Chhattisgarh, Takniki Sikdia. Jan S^ti Niyojan Vigyan Avaui Pradyogiki aVihhag, - Raipur(C.G.) :: . ,: '' ' , ::"?.•'.?'- " /1" 3. Ths Director Genfiral, Employmant and > Training, Ministry 6f LabouK, Tj®<>?;t>eihl, India. ' •' • • • : .--:- - ; 4. Additional Director (Ranjana Katakww) Directcwate of Employmfljrt asd Tff Bayron Bazai, Raipuu-(G.G.) i: a a ? -' ;* * -' rf^:- WfiTT PETmON UNDER ARTICLE 226/227 OF TIffi GONSTmmON OF INDIA SB: Hoa'Me ShriSatMiK. AsnifantA.E : ^ Present: Shri R.K.Jaiswal, Advocate fiythe petttieaer, ; « • 4 Shri Y.S.Tfaakur, Deputy Advucste G«neralfarihe S Statetospondents. - ORALORDER :.< -: . .-? ::.?•' (Passed on 01st. dayofSqrtetabCT, 2008) ;^ 1. By this petition, the petitioner challai^s the order dated 7* July, 2008 (Annexure P/l) wfaereby flie petitioner, working as Training Qffit^r Grade HI (Math) has been transferred fi-om Industrial Ttaiainglnstitute, Bhilai to Industrial Traming Institute, Bijapur on adnBaistrative grounds. 2. The petitionei. submits th^ it is a malafide exercfae ofpower, butthere is no mention in the p-ounds stated bythe petitiaaer in fte petitian. The main yound of challenge is that in Bhilai itself, there are tiiree more posts available, therefore, the petitioner could have been adVusted » Bhilai itself. The second ground is fhat it is not elear in the tt'ansfer arder asto whether it is the National Council for Voeational Traming .^ /-'^i ..s.s.aa^ ^•a& '~<te "^'•ssw-. ^ •'F Amit -2- (for short 'NCVT') or the State Council for Vocational Trainum (for short 'SCVT'). The petitioner is working in NCVT, he camot be transferredtoSCVT. 3. There are certain facts whieh the petitioner has raised in Ihe pleadfags without establishii^ fheir Urik to establish malafide exercise.of-power. Thus, it is not necessaiy to go into fhese fects as it is not stmngly proved with cogent reasons that Ihe transfer was doae in malafide exereise of powers. It aiyears to be a simple transfer on adnunistrative exigency. Whettier it is NCVT or SC'VT, the petitioner eannat ]K'esuins that it is SCVTwilfaoutjoiningtfaenextplace ofppsting. : 4. It is well-settled principle of law tiat transfer is an ihcidence of service and it is for the employer to decide as to whffl'6 a^ particular officer/employee be posted, keepuig in view publw mterest as well as admimstrative exigency. This Court has limited jurisdiction to iHteifere" with the transfer matter only in the cases of provd malafid^ non- competence of authority passing the teansfer order and iafiaction of rules aad regulaticms. There is no complaint of mfraction of rutes or non-competence oflhe oflReer passing the ordw. Tbus, fhis petition is devoid of merit. Malafide has not feeen proved-iexcqrti sdfsame statement. 5. In view offhe'foregoing, the petition is dismissed summarily. No arda- astocosts. 6. Consequently, I.A. No. 2, applicafion for stay/interim retief, algo stands n;1S::.... disposed of. Sd/- Satish K. Agnihotri Judge tj^