Disposed

Hermendra Kumar v. State of U.P. and 3 Others

Allahabad HC26 Sept 2023WRIA/15156/2023

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition without examining merits, relying on a compromise. It directed the petitioner to approach the competent departmental authority via representation within two weeks, suspending any coercive action by respondents during that period.

What did the court decide?

Stay of coercive action under transfer order pending representation to competent authority within two weeks.

Hermendra Kumar Vs State of U.P. and 3 Others — Service and Employment | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:186078

¶2

Court No. - 37

¶3

Case :- WRIT - A No. - 15156 of 2023 Petitioner :- Hermendra Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shivendu Ojha,Sneh Pandey,Sr. Advocate Counsel for Respondent :- C.S.C.

¶4

Hon'ble Abdul Moin,J.

¶5

Heard learned counsel for petitioner and learned Standing Counsel for the State.

¶6

With the consent of learned counsel appearing for the contesting parties, the writ petition is finally being disposed of.

¶7

Under challenge is transfer order dated 30.06.2023 , a copy of which is annexure no.2 to the petition by which the petitioner has been transferred from district Moradabad to Bareilly.

¶8

Learned counsel for petitioner has raised various grounds to challenge the impugned transfer order, however the Court is of the view that the said grounds fall in the realm of the grounds to be considered by the respondents at the first instance.

¶9

Accordingly, without entering into the merits of the case, the present petition is disposed of leaving it open to the petitioner to submit a comprehensive representation against the impugned transfer order dated 28.06.2023 before the competent authority i.e. Engineer in Chief (Development and Head of Department) U.P. Public Works Department, Lucknow / respondent no. 3 within a period of two weeks from today.

¶10

In case a representation is made, respondent no. 3 shall proceed to decide the same in accordance with law considering the grounds taken by the petitioner in the representation, which would be decided within a period of six weeks from the date of receipt of the representation alongwith copy of this order.

¶11

Till disposal of representation no coercive action shall be taken by the respondents against the petitioner in pursuance of the impugned transfer order.

¶12

It is made clear that if the petitioner does not submit his representation within the time specified, then the benefit of this order shall not be available to him.

¶13

Order Date :- 26.9.2023 J. K. Dinkar

¶14

Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad

Hermendra Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Hermendra Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Dr Bharat Ji Pandey and 2 Others Vs State of U.P. and 2 Others

Vijay Kumar Chaubey Vs the State of U.P. and 4 Others

Hardev Singh Vs State of U.P. and 3 Others

Rama Shankar Yadav Vs State of U.P.and 3 Others

Ramphal Singh Vs State of U.P. and 3 Others

Shabeena Parveen Vs State of U.P. and 3 Others