LPA No. 1438 of 2010 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 1438 of 2010 (O&M) Date of decision: 24.1.2011 Major Singh …..Appellant vs. State of Punjab and another …..Respondents CORAM: - HON’BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE ARVIND KUMAR Present: - Mr. Jasbir Singh, Advocate for the appellant. Mr. Suvir Sehgal, Addl. AG, Punjab Mr. Raj Paul Kansal, Advocate for respondent No. 3. HEMANT GUPTA, J Challenge in the present appeal is to an order passed by learned Single Judge of this Court on 26.10.2010, whereby the writ petition challenging the order dated 14.10.2010 transferring the present appellant from Malerkotla to Mansa, was dismissed. It is the case of the petitioner that the petitioner has only 15 months before he attains the age of superannuation. Therefore, in terms of the policy guidelines, in respect of the transfer of any State Government employee, appellant should not be transferred as such transfer is in violation of the guidelines framed. A short affidavit has been filed on behalf of the respondents No. 1 and 2 wherein, it has been pointed out that the appellant is the permanent resident of Bathinda and Mansa is closer to Bathinda than 1 LPA No. 1438 of 2010 Malerkotla. Reliance is placed upon a judgment of Hon’ble Supreme Court in AIR 1995 SC 424, N.K.Singh vs. Union of India, wherein it has been held that it is for the appropriate authority to decide that, who should be transferred? Learned Single Judge has returned a finding that there is no allegation of mala fide and that the present appellant is serving on a transferable post and the official status of the appellant is not affected at this stage by the order of transfer. There is no infraction of any career prospect of the appellant In view of the above, we do not find any illegality or material irregularity in the order passed by learned Single Judge which may warrant any interference in the present appeal. Dismissed. (HEMANT GUPTA) JUDGE 24.1.2011 (ARVIND KUMAR) preeti JUDGE 2