Allahabad High Court
Kamlesh Bahadur Singh vs State Of U.P.Throu.Prin.Secy.Home ... on 28 July, 2020
Author: Rajan Roy
Bench: Rajan Roy
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 16 Case :- SERVICE SINGLE No. - 11783 of 2020 Petitioner :- Kamlesh Bahadur Singh Respondent :- State Of U.P.Throu.Prin.Secy.Home Lucknow And Ors. Counsel for Petitioner :- Ajay Pratap Singh Counsel for Respondent :- C.S.C Hon'ble Rajan Roy,J.
Heard.
Contention of the learned counsel for the petitioner is that contrary to the policy of the State Government the concerned authorities in the Police Department have transferred the petitioner from Raebareli to Prayagraj Division ignoring the fact that he is due for retirement within 10 months and as per the policy, aforesaid, any Class III employee such as the petitioner who is a Sub Inspector posted at Raebareli is due to retire in the next two years, he should be posted in his Home District, meaning thereby the purport of the policy is that he could not be transferred, but if he is to be transferred, he could be posted at his Home District so that he can prepare for his ensuing retirement and unnecessary hardship is not caused by such transfer elsewhere on the verge of retirement, as has been done in this case.
Contention of the learned counsel for the petitioner has immense substance. This Court today itself has quashed this very impugned order, in so far as it related to the petitioner in Writ Petition No. 11777 (MS) of 2020. The said order reads as under :
"Heard.
The petitioner herein has challenged the relieving order dated 13.7.2020 by which he is sought to be relieved from Rai Bareli where he is posted as a Constable to Bareilly Range in pursuance to the transfer order which was issued on 26.10.2018.
This Court has repeatedly passed orders to the effect that transfer orders which are issued in a particular calendar year are to be implemented at the earliest. It cannot be, that they are passed, but not implemented for years together, as in this case, and then after one-and-a-half or two years they are sought to be implemented, unless of course the implementation was stayed by the higher authority or by the Court itself as that would be a different situation, which is not the case here. The impugned relieving order dated 13.7.2020 does not mention that there was any such stay. The petitioner has invited attention of the Court to page-27 where in a similar writ petition this Court has interfered.
It is surprising that in spite of repeated interference by this Court such orders are being passed by the Superintendents of Police, in this case, the Superintendent of Police, Rai Bareli, thereby leading to unnecessary litigation and wasting of the time of the Court.
In view of the aforesaid reasons there is no necessity for calling for a counter affidavit as the impugned action is apparently illegal and unjustified. If at all the opposite parties wanted to transfer or relieve him from Rai Bareli on any valid ground, they could have passed a fresh transfer order and relieve him, but there is no way that transfer order passed on 26.10.2018 can be allowed to be implemented now. It is veritably not justified. The impugned order, so far as it relates to the petitioner, is accordingly quashed. The transfer order dated 26.10.2018 is also held to be redundant. It is, however, open for the competent authority to consider the transfer of the petitioner afresh, if there are valid grounds for the same.
The writ petition is allowed in the aforesaid terms."
For the reasons aforesaid as also the reasons mentioned in the above quoted order, the impugned order, so far as it relates to the petitioner herein, is liable to be quashed and there is no necessity of calling for a counter affidavit in the matter in view of the apparent illegality.
In view of the above, the impugned order so far as it relates to the petitioner, is hereby quashed. The petitioner is allowed to continue at Raebareli till he retires in the next 10 months, unless there are complaints against his functioning in which case he shall be transferred to his Home District, if he so chooses, as per the policy of the Government. The writ petition is allowed.
Order Date :- 28.7.2020 A.Nigam