In this Single Writ Petition, the petitioner, an accused suspended and transferred from Agra to Chitrakoot due to a criminal case, challenged the transfer order as punitive. The High Court found no justification to interfere.
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Court No. - 6
Case :- WRIT - A No. - 1225 of 2019
Petitioner :- Vishal Saini Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.
This petition challenges an order of transfer of the petitioner from Agra to Chitrakoot. The order is assailed on the ground that the order is punitive in character. From the disclosures made in the writ petition it appears that the petitioner is an accused in a criminal case in which he was also arrested on or about 17 January 2018. Consequent to his arrest he was also placed under suspension which order was ultimately revoked on 20 July 2018 consequent to the petitioner being released on bail on 2 February 2018.
Bearing in mind the fact that the petitioner is an accused in the criminal case in the district where he was posted coupled with the fact that the petitioner has remained in that district from the time of his initial appointment, the Court finds no ground to interfere with the order impugned.
The petition is dismissed .
Order Date :- 24.1.2019 Arun K. Singh
(Yashwant Varma, J.)
1 issue framed by the court
Whether the petition should find any ground to interfere with the order transferring the petitioner from Agra to Chitrakoot on the ground that the order is punitive in character.
Vishal Saini
State Of U.P.
Yashwant Varma
As recorded by the court registry
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