Single judge court dismissed a writ petition challenging the transfer of a police constable, holding that transfer is an administrative function and no prima facie case of mala fide or lack of jurisdiction was made out against the transferring authority.
Petition dismissed; interim order, if any, stood vacated.
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Court No. - 43
Case :- WRIT - A No. - 4830 of 2020
Petitioner :- Yadav Pratap Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brijesh Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Vivek Agarwal,J.
submitted that an enquiry was conducted in regard to the charges levelled by the petitioner, and in such eqnuiry, charges levelled by the petitioner were found to be baseless. It is also submitted that petitioner was found to be indulging in several activities undesirable of a government servant. He also has a criminal history and, therefore, no indulgence should be shown in the matter of transfer, which is the prerogative of the Employer.
Order Date :- 20.10.2020 Ashutosh
1 issue framed by the court
Whether the writ petition challenging the transfer order of a police constable is prima facie maintainable in the absence of cogent evidence of mala fide.
Yadav Pratap Singh
State Of U.P.
2 Others
Vivek Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
