The petitioner challenged a transfer order from civil police to railway police, arguing it violated a prior order promising no_transfer for five years. The court held the prior opinion had no consequence and dismissed the petition.
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Court No. - 36 Case :- WRIT - A No. - 8787 of 2020 Petitioner :- Kuldeep Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Vinod Kumar Upadhyay,Santosh Kumar Upadhyay Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the parties and perused the record.
By means of the present petition, the petitioner herein is seeking for quashing of the transfer order dated 02.08.2019 passed by the respondent no.6.
The only ground to challenge the transfer order dated 02.08.2019 is that the previous transfer/posting of the petitioner on deputation in G.R.P. had been recalled/cancelled vide order dated 05.09.2018 passed by the respondent no.2 i.e. the Deputy Inspector General of Police (Establishment), Member Police Establishment Board, Lucknow with the request to the Superintendent of Police, Sambhal to make an entry in the character role of the petitioner that he would not be transferred on deputation posted for a period of five years.
The transfer order under challenge indicates that the petitioner has been transferred pursuant to an order dated 15.07.2019 passed by Deputy Inspector General of Police (Establishment) Police Directorate, U.P. Lucknow from civil police to railway police for a period of three years in public interest along with 27 other incumbents.
No discrepancy or violation of any statutory rule/provision in passing transfer order is placed before the Court.
The opinion expressed by the Superintendent of Police (Establishment) in the order dated 05.09.2018, therefore, is of no consequence.
The transfer order dated 02.08.2019 cannot be faulted on the ground of some opinion expressed by the Superintendent of Police (Establishment) dated 05.09.2018.
No other infirmity in the order impugned could be placed before the Court.
The writ petition, thus, found devoid of merits and hence dismissed .
Order Date :- 12.1.2021/P Kesari
2 issues framed by the court
Whether the transfer order from civil police to railway police can be quashed on the ground of a prior opinion requesting a fixed posting period.
Whether the transfer order attracts any infirmity under challenge.
Kuldeep Kumar
State Of U.P.
Sunita Agarwal
As recorded by the court registry
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