Disposed

State of U.P. through Principal Secretary , Home and 4 Others v. Vinesh Kumar Yadav (Steno) (Confidential)

Allahabad HC27 Jan 2021SPLAD/1297/2020

Case brief

AI extract

What is this about?

The High Court disposed of an appeal regarding the respondent's transfer and posting as a Sub-Inspector. The court clarified that the posting remains subject to the final outcome of a related pending writ petition (W.P. No. 7395 of 2014) and condoned the delay in the absence of opposition.

What did the court decide?

Appeal disposed of without interference in the impugned order, clarification on subjectivity of posting to pending writ petition, and delay condoned.

State of U.P. through Principal Secretary , Home… — Service and Employment | Allahabad HC (2021)

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Court No. - 40

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Case :- SPECIAL APPEAL DEFECTIVE No. - 1297 of 2020

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Appellant :- State Of U.P. Through Principal Secretary , Home And 4 Others Respondent :- Vinesh Kumar Yadav (Steno) (Confidential) Counsel for Appellant :- Anand Kumar Ray Counsel for Respondent :- Bhishm Pal Singh

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Hon'ble Munishwar Nath Bhandari,J. Hon'ble Rohit Ranjan Agarwal,J.

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Order on Exemption Application

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The application seeking exemption from filing certified copies of the order of the High Court is allowed.

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The defect stands cured.

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Order on Memo of Appeal

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Heard on the application for condonation of delay, however, before passing an order on it, we are touching the merit of the case.

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Learned Single Judge caused interference the order of transfer only in reference to the post and not the place. It is a case where non-appellant earlier preferred a writ petition to challenge his reversion from the post of Sub-Inspector to that of Assistant Sub-Inspector.

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The matter is pending before the Lucknow Bench of this Court in Writ Petition No. 7395 of 2014 where interim order has been passed. By virtue of which, non-appellant need to be continued on the post of Sub-Inspector, subject

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to final outcome of the Writ Petition.

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The learned Single Judge passed the order to keep nonappellant on the post of Sub-Inspector on his transfer from Jhansi to Gorakhpur Zone. The order aforesaid would obviously be subject to final outcome of the writ petition pending before the Lucknow Bench and in fact with the aforesaid observation, the appeal can be disposed of and for that we find reason to condone the delay as application has not been otherwise opposed by learned counsel for the respondent.

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The appeal is accordingly disposed of without causing interference the impugned order, however, with clarification that the posting of the non-appellant on the post of Sub-Inspector would remain subject to final outcome of the pending Service Single No. 7395 of 2014.

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If writ petition is ultimately dismissed, the non-appellant would hold the post of Assistant Sub-Inspector, however, if it is allowed, he would be continued on the post of SubInspector.

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The State would be at liberty to seek expeditious hearing of the pending writ petition before the Lucknow Bench.

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Order Date :- 27.1.2021 V.S.Singh

State of U.P. through Principal Secretary , Home and 4 Others v. Vinesh Kumar Yadav (Steno) (Confidential)

Case brief

What is this about?

What did the court decide?

State of U.P. through Principal Secretary , Home and 4 Others v. Vinesh Kumar Yadav (Steno) (Confidential)

Case brief

What is this about?

What did the court decide?

What the court decided

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