High Court of Allahabad disposed of a writ petition challenging an order of transfer. Counsel undertook to comply with transfer within 72 hours.
Petition disposed of; petitioners to join place of posting within 72 hours and may seek review within 10 days.
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Court No. - 5
Case :- WRIT - A No. - 13552 of 2018
Petitioner :- Rajesh Kumar Sachan And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ratnesh Kumar Mishra,Kamlesh Kumar Tiwari
Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioners, the learned Standing Counsel and Sri M.C. Chaturvedi, the learned Senior Counsel assisted by Sri Prabhakar Awasthi who has appeared for the respondents 2 to 4, the UPSIDC.
This petition lays challenge to an order of transfer dated 30 May 2018, pursuant to which the petitioners have been transferred. Upon it being pointed out by the Court that since the order of transfer is not established to be in violation of any statutory provision and that the allegation that it would fall foul of the policy framed cannot possibly constitute a ground to invoke the jurisdiction of the Court under Article 226 of the Constitution, learned counsel for the petitioners states that the petitioners undertake to join the place of posting within 72 hours from today and shall continue to work there subject to liberty being reserved to represent the matter before the competent authority for review of the impugned order.
Accordingly and in light of the statement so made which is recorded and accepted, with the consent of parties, this petition
shall stand disposed of with the following directions:
The petitioners 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 petitioners continue to work at the place of posting, it shall be open to them to represent their case for review of the order of transfer before the competent authority within a period of 10 days from today. In case such a representation is made, the competent authority shall duly attend to the same in accordance with law and dispose it of with expedition and preferably within a period of one month from the date of receipt of the representation.
Order Date :- 6.6.2018 Arun K. Singh
1 issue framed by the court
Whether a writ petition challenging an order of transfer against an employee of State can be maintained without violation of statutory provisions.
Rajesh Kumar Sachan And 2 Others
State Of U.P. And 3 Others
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
