Dismissed

Sanjay Pandey v. State of U.P. and 3 Others

Allahabad HC22 Aug 2022WRIA/1379/2022

Case brief

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What is this about?

The High Court dismissed a writ petition challenging a police transfer order from Head Moharrir to Garad Duty. The court held that since a board was constituted due to administrative exigency and the transfer was based on its recommendation without underlying complaint, the petition failing to prove violation of Prakash Singh guidelines was dismissed.

What the court decided

AI extract

Sanjay Pandey Vs State of U.P. and 3 Others — Service and Employment | Allahabad HC (2022)

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Court No. - 32

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Case :- WRIT - A No. - 1379 of 2022

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Petitioner :- Sanjay Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rishabh Kesarwani,Atipriya Gautam,Sr. Advocate Counsel for Respondent :- C.S.C.

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Hon'ble Karunesh Singh Pawar,J.

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Instruction filed today by learned Standing counsel is taken on record.

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Heard learned counsel for the petitioner and learned Standing counsel for the respondent nos. 1 to 4.

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By means of this petition, petitioner has prayed for the following relief :-

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"a) issue, a writ order or direction, in the nature of certiorari, quashing the impugned transfer order dated 08/12/2021 passed by the Respondent No. 3, Superintendent of Police, Siddharth Nagar, (enclosed as Annexure1) to the writ petition.

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b) issue, a writ order or direction, in the nature of mandamus, directing the Respondent Authority, not to transfer the petitioner from the post of Head Moharrir to Garad Duty and the petitioner may kindly be permitted to allow to continue as Head Moharrir at Police Station Khesaraha, District Siddharthnagar."

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The petition has been filed mainly on the ground that the transfer order has been passed in violation of the judgement of the Supreme Court passed in the case of Prakash Singh Vs.Union of India and others reported in (2006) SCC 1 , as the same has been passed without constituting any board or any recommendation of the board.

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Further ground that has been pleaded is that the transfer of the petitioner has been made on the basis of a complaint and therefore, the transfer is in fact a punishment.

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Learned Standing counsel on the basis of the written instructions has submitted that owing to the administrative exigency in District Siddharth Nagar a board was constituted, as per the judgement of the Supreme Court and as per the recommendation of the board dated 08.12.2021 total 47 nongazetted police personnel were transferred within the District. He further submits that these transfers have not been made on the basis of any complaint, therefore, there is no question of any

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stigma on the transfer order, he has provided the copy of the transfer order dated 23.02.2022 and the same is taken on record.

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Learned counsel for the petitioner has very fairly submitted that he has not disputed the constitution of the board, however, he has submitted that his transfer order does not refer to the fact that the same has been made on the basis of the recommendation of the Board.

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To this, learned Standing counsel submitted that there is no need to refer the resolution of the board in the transfer, he draw attention of the court towards the Minutes of the board dated 08.12.2020 by which recommendation of transfer of total 47 non-gazetted police personnel was made and pursuant to that, the transfer of the petitioner has also been made within the District.

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In view of the above, considering the fact that the transfer of the petitioner has been made on the basis of the recommendation of the board, the constitution of the board is not disputed by the petitioner. Further, it has been categorically stated by the learned Standing counsel on the basis of written instructions that these transfers have been made on the administrative exigencies and not on the basis of any complaint, I am of the opinion that there is no ground to entertain the present writ petition.

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The writ petition fails and is accordingly dismissed .

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Order Date :- 22.8.2022 Bhanu

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Digitally signed by BHANU PRATAP KUSHWAHA Date: 2022.08.24 11:00:08 IST Reason: Location: High Court of Judicature at Allahabad

Sanjay Pandey v. State of U.P. and 3 Others

Case brief

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Sanjay Pandey v. State of U.P. and 3 Others

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