Single judge dismissed a writ petition challenging a transfer order of a traffic police incumbent to civil police, held misconceived and quashing application failed. Resistance to administrative exigency of service dismissed.
Writ petition dismissed. Quashing of transfer and relieving orders denied.
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Court No. - 36
Case :- WRIT - A No. - 8983 of 2020
Petitioner :- Gulal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mahendra Prasad Mishra 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 order dated 10.11.2019 as well as the consequential relieving order dated 16.11.2019 passed by the respondent no.4.
A perusal of the transfer order dated 16.11.2019 passed by the respondent no.4 i.e. the Senior Superintendent of Police, Agra indicates that sixty eight (68) other incumbents working in traffic police had been transferred to the police line (Civil Police) on the basis of a decision taken by the Police Establishment Board. The transfer order has been passed in exigency of service. The challenge to the transfer order based on a circular dated 03.08.2007 issued by the Director General of Police, U.P., Lucknow is found misconceived.
No other ground has been pressed.
The transfer is an exigency of service. It is not possible for the Court to take any exception to the decision taken by the administrative authority to post the petitioner in civil police.
The writ petition is found misconceived and hence dismissed .
Order Date :- 12.1.2021 P Kesari
1 issue framed by the court
Whether the transfer order passed by the administrative authority in exigency of service is maintainable for quashing by the court.
Gulal Singh
State Of U.P.
Sunita Agarwal
As recorded by the court registry
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