A single judge dismissed the writ petition challenging a police transfer order dated 17.10.2020. The court held the transfer was exigency of service, not a violation of statutory rules or malafide, and did not violate the stay order on transfers.
The writ petition challenging the transfer order is dismissed.
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Court No. - 36
Case :- WRIT - A No. - 777 of 2021
Petitioner :- Kumari Kiran Kataria Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Shailesh Kumar Pathak Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the parties and perused the record.
The transfer order dated 17.10.2020 is being challenged by moving a writ petition in the month of January, 2021 on the ground that the same is in violation of the Government Order dated 12.05.2020 whereby transfer and posting for the year 2020-21 had been stayed due to extraordinary situation arisen out of the COVID-19.
The instructions supplied by learned Standing Counsel categorically records that the petitioner had not joined the transferred place after 19.10.2020 when she went on two days' casual leave. The petitioner was relieved on 25.12.2020 from the place of her posting.
The petitioner is a member of police force. The transfer is an exigency of service. The decision of the competent authority to transfer the petitioner to the current place of posting cannot be said to suffer from any error of law, inasmuch as, the same cannot be said to be in violation of the statutory rules or malafide in nature.
In view of the above, the writ petition is dismissed .
Order Date :- 28.1.2021 P Kesari
2 issues framed by the court
Whether the transfer order dated 17.10.2020 violated the Government Order dated 12.05.2020 staying transfers due to COVID-19.
Whether the transfer of a police member was arbitrary or violated statutory rules.
Kumari Kiran Kataria
State Of U.P.
5 Others
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
