Allahabad High Court
Birbal Yadav And 4 Ors. vs State Of U.P. Thru Prin.Secy. Home ... on 6 August, 2019
Author: Abdul Moin
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 20 Case :- SERVICE SINGLE No. - 21470 of 2019 Petitioner :- Birbal Yadav And 4 Ors. Respondent :- State Of U.P. Thru Prin.Secy. Home Lucknow And Ors. Counsel for Petitioner :- Rajendra Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J.
1. Heard learned counsel for the petitioners and learned Standing counsel appearing for the State-respondents.
2. The petitioners being aggrieved with the transfer order dated 15.07.2019, a copy of which is annexure 1 to the petition are before this Court.
3. The main thrust of argument of the learned counsel for the petitioner is that the petitioners had been promoted as Head Constable (Civil Police) through an order dated 20.05.2019, a copy of which is annexure 2 to the petition. The impugned transfer order dated 15.07.2019 has been issued transferring them to Government Railway Police by showing them as Constable (Civil Police). Learned counsel for the petitioner contends that the transfer order has been passed indicating them as Constable (Civil Police) meaning thereby it is the Constable (Civil Police) who are required in the Government Railway Police but once the petitioners are working on the post of Head Constable (Civil Police) then the impugned transfer order should have reflected the same. Thus, the impugned transfer order is not reflective as to whether it is the services of the Head Constable (Civil Police), the post on which the petitioners are working which are required with the Government Railway Police or not and thus the impugned order of transfer reflects patent non application of mind and hence merits to be quashed.
4. Learned Standing counsel fairly submits that this aspect of the matter has not been indicated by the respondents while issuing the impugned transfer order. He contends that the petitioners may submit a representation in this regard to the competent authority namely respondent no. 3, i.e Additional Director of Police (Establishment), Office of the Director General of Police, Lucknow who may consider the said aspect of the matter and pass an order in this regard.
5. Accordingly, taking into consideration the aforesaid facts and circumstances more particularly the ground of petitioner having been transferred as Constable whereas they are working as Head Constable (Civil Police), the present petition is disposed of with the direction to the respondent no. 3 to consider the pending representation of the petitioners dated 20.07.2019, a copy of which is annexure 3 to the petition within a period of three weeks from the date of receipt a certified copy of this order.
6. Till the disposal of the representation, no coercive steps shall be taken against the petitioners.
Order Date :- 6.8.2019 Pachhere/-