Shashi Kumar Singh Vs State of U P and 3 Others

Court No. - 83

Case :- WRIT - A No. - 9382 of 2020 Petitioner :- Shashi Kumar Singh Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Vallabhi Shukla,Namit Srivastava Counsel for Respondent :- C.S.C.

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Hon'ble Ajay Bhanot,J.

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Sri Namit Srivastava, learned counsel for the petitioner contends that the transfer order dated 28.06.2019 is sought to be implemented by order dated 11.09.2020. A request has been made to retain the petitioner.

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Learned Standing Counsel does not dispute the fact that by the Government Order dated 12.05.2020 all transfers from the year 2019-20 have been put on hold in view of the Covid-19 pandemic. Further the respondent authorities have issued orders for complying with the State transfer policy.

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Implementation of a transfer order after a belated period of one year, affirms the charge of the petitioner that the action of the respondents is actuated by malice in law. It is a collateral exercise of power. When an order to implement the original transfer order is passed so belatedly, action invalidates the transfer order as well as the implementation order.

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The similar view was taken by this Court in Writ-A No. 4815 of 2020.

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Moreover, the action of the respondents insofar as it seeks to relieve him by the order dated 11.09.2020 is in the teeth of the Government Order dated 12.05.2020.

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In light of the submission of learned Standing Counsel the orders dated 28.06.2019 and 11.09.2020 are unsustainable in law. The orders dated 28.06.2020 and 11.09.2020 is liable to be set aside and is set aside.

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It is open to the respondents to pass transfer order in accordance with law.

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The writ petition is allowed in the above terms.

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Order Date :- 5.11.2020 Pravin

Shashi Kumar Singh v. State of U P and 3 Others

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Shashi Kumar Singh v. State of U P and 3 Others

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