Allahabad High Court
S.I. Civil Police 960650563 Shailendra ... vs State Of U.P. Thru Prin.Secy. Home ... on 20 December, 2019
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 23 Case :- SERVICE SINGLE No. - 36089 of 2019 Petitioner :- S.I. Civil Police 960650563 Shailendra Kumar Singh Respondent :- State Of U.P. Thru Prin.Secy. Home Lucknow And Ors. Counsel for Petitioner :- Vyas Narayan Shukla Counsel for Respondent :- C.S.C. Hon'ble Rajesh Singh Chauhan,J.
Heard Shri Vyas Narayan Shukla, learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.
The transfer order was passed on 16.06.2019. Now, after about six months the petitioner is sought to be relieved by the order dated 13.12.2019.
This Court has already considered this issue in the Writ Petition No. 26462(S/S) of 2016 which has been decided on 11.11.2016 in the following terms:-
"Heard learned counsel for parties.
All the writ petitions have been clubbed together as the issue involved in these petitions is the same as to whether the authority was justified in relieving the petitioners after two years of the transfer order having been passed. The transfer order in all cases were passed in the year 2014, inspite of it, on account of administrative exigencies, the need for adequate number of personnel at Lucknow, which is the State capital, they could not be relieved.Normally considering the lapse of time the appropriate course for the respondents was to re-consider the matter and pass a fresh order of transfer as has been held by this Court in the judgment dated 6.07.2016 passed in writ petition no. 15148 (SS) of 2016 which has been followed by a co-ordinate bench in writ petition no. 15961 (SS) of 2016, therefore only for this reason while granting liberty to the respondents to have a fresh look at the matter and pass a fresh order expeditiously say within a period of 2 weeks, the impugned orders are hereby quashed.
All the writ petitions stand disposed of in the aforesaid terms."
Learned Standing Counsel could not dispute the aforesaid position. However, he submitted that the A.D.G. Establishment has been apprised about the aforesaid.
Accordingly on the same analogy, this writ petition is also disposed of quashing the impugned order, so far as it relates to the petitioner, however, with liberty to the opposite parties to pass a fresh order of transfer, if exigency of service so requires, in accordance with law.
Order Date :- 20.12.2019 RBS/-
[Rajesh Singh Chauhan,J.]