Petitioner challenged suspension and transfer. Court found petition infructuous as orders were recalled. Dismissed writ with liberty to join duty immediately.
Petition dismissed as infructuous; liberty granted to join duty immediately at District Jalaun.
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Court No. - 38
Case :- WRIT - A No. - 16544 of 2019
Petitioner :- Ayaz Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deepak Kumar Srivastava,Alok Tripathi
Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
Heard learned counsel for the parties.
The petitioner is aggrieved by the order dated 18.09.2019 and the order dated 21.09.2019 passed by the Superintendent of Police, Jalaun and Superintendent of Police, Lalitpur respectively filed as Annexure nos. 4 & 5 to the present petition.
Vide Annexure-4, it is apparent that the petitioner was placed under suspension by the Superintendent of Police, Jalaun and by Annexure-5, it is apparent that the petitioner has been transferred from Jalaun to Lalitpur by the Deputy Inspector General of Police, Jhansi Range, Jhansi.
The Court had directed the learned counsel to seek instructions in the matter by its earlier order dated 21.10.2019. The instruction received on 04.11.2019 was produced before the Court and the Court found the same unsatisfactory and passed order on 07.11.2019 to seek further instructions in the matter. Now fresh instructions dated 17.11.2019 have been produced before this Court which are are kept on the record.
From perusal of the said instructions dated 17.11.2019, it is apparent that due to uploading of a audio-video clipping on some irregularity in P.S. Aata, at least four Constables were placed under suspension including the petitioner. A preliminary enquiry was held in which preliminary enquiry report dated 27.09.2019, three other Constables namely Awadh Kishore, Sharda Prasad and Santosh Kumar were reinstated in service. The petitioner alone was found guilty of uploading of such audio/video clippings and, therefore, his suspension continued. Since his continuance in District Jalaun was found undesirable, the Deputy Inspector General had transferred him to Lalitpur. After filing of this writ petition, both the orders of transfer and suspension have been recalled. The petitioner, however, has remained unauthorizedly absent from duty at Jalaun and has not reported at Jalaun, therefore, his actual joining after revocation
of suspension order is pending in District Jalaun. The instructions sent by Superintendent of Police, Jalaun say that the petitioner shall be allowed to join immediately on his reporting at Jalaun.
This writ petition has become infructuous. It is dismissed as such with liberty to the petitioner to join immediately at District Jalaun.
Order Date :- 19.11.2019 VR
(Sangeeta Chandra, J.)
Ayaz Ahmad
State Of U.P.
Sangeeta Chandra
As recorded by the court registry
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