Special appeal filed by a police constable challenging a transfer order dismissed as the appellate court found no stigma and noted the appellant had been posted at Meerut since 2010.
Transfer order upheld; special appeal dismissed.
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Court No. - 39
Case :- SPECIAL APPEAL No. - 325 of 2018
Appellant :- Mahesh Kumar Upadhyay Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Vijay Gautam Counsel for Respondent :- C.S.C.
Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.
This Special Appeal has been filed for setting aside the judgment and order dated 20 March 2018 passed by a learned Judge of this Court by which the writ petition filed by the appellant, a Constable in the Police to assail the order dated 9 March 2018 transferring him from Meerut to Bulandsahar has been dismissed. Learned Judge noticed that the appellant remained posted at his present place of posting from 2010 and has only been transferred to a nearby district.
It is sought to be contended by learned counsel for the appellant that the transfer order has been passed because of the communication dated 7 March 2018 sent by the Senior Superintendent of Police, Meerut to the Inspector General of Police, Meerut Range, Meerut. This is a communication sent by the Senior Superintendent of Police, Meerut to his higher Officer and it cannot be urged by the appellant that any stigma has been cast.
In any view of the matter, we do not consider it appropriate to interfere with the transfer order for the reason that the appellant has been posted at Meerut for a long period from 2010.
The Special Appeal is, accordingly, dismissed.
Order Date :- 12.4.2018 sartaj
(Dilip Gupta,J.)
(Neeraj Tiwari,J.)
3 issues framed by the court
Whether the transfer order should be set aside on the ground of stigma cast on the appellant.
Whether the fact of a long posting in Meerut warrants interference with the transfer order.
Whether a communication from SSP to IG constitutes stigma for writ remedy
Mahesh Kumar Upadhyay
State Of U.P.
Dilip Gupta
Neeraj Tiwari
As recorded by the court registry
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