Disposed

Kamal Kishore Mishra Pno. No. 052660577 v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home U.P. Lko. and 3 Others

Allahabad HC16 Jan 2024/270/2024

Case brief

AI extract

What is this about?

This writ petition sought quashing of an impugned transfer order due to non-relief of the petitioner after two years, citing administrative exigencies. The court quashed the order allowing the respondents to pass a fresh transfer order expeditiously if service requires, based on precedent.

What did the court decide?

Quashing of the impugned transfer order with liberty to pass a fresh transfer order expeditiously if exigency of service requires.

Kamal Kishore Mishra Pno. No. 052660577 Vs State of… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:4035

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Court No. - 18

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Case :- WRIT - A No. - 270 of 2024

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Petitioner :- Kamal Kishore Mishra Pno. No. 052660577 Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home U.P. Lko. And 3 Others Counsel for Petitioner :- M.P. Raju Counsel for Respondent :- C.S.C.

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Hon'ble Manish Kumar,J.

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

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Present writ petition has been preferred for quashing of the impugned transfer order dated 22.06.2023 passed by respondent no. 4-Deputy Commissioner of Police, Lucknow Commissionerate, Lucknow as far as it is related to the petitioner by which the petitioner has been transferred from Lucknow Commissionerate to Ayodhya Range but till date the petitioner has not been relieved.

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It is further submitted that on 14.11.2023 an order has been issued for relieving of the transferred police personnel to join at transferred place by 15.11.2023 despite that order petitioner has not been relieved till date and this fact may be verified from letter dated 05.01.2024.

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It is further submitted that in para no. 523 of U.P. Police Regulation, it has been provided that on receipt of an order of transfer of a subordinate officer to another district, the superintendent will arrange to relieve him of duties within ten days.

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Learned counsel for the petitioner placed reliance on the judgment and orders of this Court dated 02.01.2020 and 13.12.2023 passed in Writ A Nos. 36661 of 2019 and 9469 of 2023 respectively wherein similar situated persons have approached this Court.

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This Court has also considered this issue in the Writ Petition No. 26462(S/S) of 2016 which has been decided on 11.11.2016 in the following terms:-

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" Heard learned counsel for parties.

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All the writ petitions have been clubbed together as the issue involved in these petitions is the same as to whether the

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authority was justified in relieving the petitioners after two years of the transfer order having been passed. The transfer order in all cases were passed in the year 2014, inspite of it, on account of administrative exigencies, the need for adequate number of personnel at Lucknow, which is the State capital, they could not be relieved.Normally considering the lapse of time the appropriate course for the respondents was to reconsider the matter and pass a fresh order of transfer as has been held by this Court in the judgment dated 6.07.2016 passed in writ petition no. 15148 (SS) of 2016 which has been followed by a co-ordinate bench in writ petition no. 15961 (SS) of 2016, therefore only for this reason while granting liberty to the respondents to have a fresh look at the matter and pass a fresh order expeditiously say within a period of 2 weeks, the impugned orders are hereby quashed.

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All the writ petitions stand disposed of in the aforesaid terms ."

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Learned Additional Chief Standing Counsel could not dispute the aforesaid position.

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Accordingly on the same analogy this writ petition is also disposed of quashing the impugned order, however, with liberty to the opposite parties to pass a fresh order of transfer, if exigency of service so requires, in accordance with law.

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Order Date :- 16.1.2024 Ashish

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Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Kamal Kishore Mishra Pno. No. 052660577 v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home U.P. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Kamal Kishore Mishra Pno. No. 052660577 v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home U.P. Lko. and 3 Others

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