Petition challenging transfer within same district dismissed with liberty to seek review before competent authority. Petitioner directed to join new posting within 72 hours.
Liberty to seek review within three weeks; joined new posting within 72 hours.
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Court No. - 5
Case :- WRIT - A No. - 13479 of 2018
Petitioner :- Narendra Kumar Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nitin Chandra Mishra,Siddhartha Srivastava
Counsel for Respondent :- C.S.C.,Sant Ram Sharma
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and Sri Sant Ram Sharma, learned counsel appearing for the third respondent as well as the learned Standing Counsel for the State respondents.
This petition calls in question the validity of an order of transfer dated 28 May 2018 in terms of which the petitioner has been transferred from Nagar Panchyat Mataundh to Nagar Panchyat Naraini both stations being within the district of Banda. It is also not disputed that the petitioner has been posted at this place right from 2011. Although it was feebly urged that this order of transfer would fall foul of the policy guidelines laid down by the State, upon it being pointed out that the same would possibly not form a ground for interference with the order of transfer by this Court under Article 226 of the Constitution, learned counsel for the petitioner stated that the petitioner be granted liberty to pursue the representation made to the competent authority. Consequently, this petition shall stand disposed of with the consent of parties on the following terms:
The petitioner shall join the place of posting as mandated under
the impugned order of transfer within a period of 72 hours from today. In case the above condition is complied with and the petitioner continues to work at the place of posting, it shall be open to him to represent his case for review of the order of transfer before the competent authority within a period of three weeks from today. In case such a representation is made, the competent authority shall attend to the same in accordance with law and dispose it of with expedition and preferably within a period of one month therefrom.
Order Date :- 4.6.2018 Arun K. Singh
Narendra Kumar Mishra
State Of U.P.
Yashwant Varma
As recorded by the court registry
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