Disposed

Constable Driver Cdr Pno. 060480691 Sanjeev Kumar and 2 Others v. State of U.P Thru. Addl. Chief Secy. Deptt. of Home, Civil Secrt. Lko. and 5 Others

Allahabad HC19 Jan 2024/358/2024

Case brief

AI extract

What is this about?

Petitioners sought relief in pursuance of a transfer order despite authorities failing to relieve them. The bench directed authorities to follow Rule 523 U.P. Police Regulations and a specific earlier judgment.

What did the court decide?

Direction to authorities concerned to issue an appropriate order in light of Rule 523 U.P. Police Regulations within one week.

Constable Driver Cdr Pno. 060480691 Sanjeev Kumar… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:5797

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Court No. - 24

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Case :- WRIT - A No. - 358 of 2024

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Petitioner :- Constable Driver Cdr Pno. 060480691 Sanjeev Kumar And 2 Others Respondent :- State Of U.P Thru. Addl. Chief Secy. Deptt. Of Home, Civil Secrt. Lko. And 5 Others Counsel for Petitioner :- Anil Kumar Yadav,Sanjay Yadav Counsel for Respondent :- C.S.C.

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Hon'ble Vinod Diwakar,J.

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1. Heard learned counsel for the petitioners, learned Additional Chief Standing Counsel for the State-respondents, and perused the records.

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2. By means of the instant petition, the petitioners are seeking a direction to the respondents-authorities to relieve the petitioners in pursuance of the transfer order dated 17.07.2023 issued by the Inspector General of Police, Logistic, Lucknow, Uttar Pradesh.

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3. Submission of learned counsel for the petitioners is that despite transfer order, the petitioners are not being relieved by the respondent-authorities till today, and has drawn the attention of the Court to the Rule 523 of the Chapter XXXIV of the U.P. Police Regulations. Rule 523 contained in Chapter XXXIV of the U.P. Police Regulations is outlined herein under:

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"On receipt of an order of transfer of a subordinate officer to another district the Superintendent will arrange to relieve him to his duties within.

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Officers transferred are entitled to joining time, but the Superintendent may not grant leave to an officer under order of transfer.

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An inspector relieved on transfer from another district is entitled to sign a certificate of taking over charge from the date of arrival in the new district. If the officers to be relieved cannot be present at headquarters, the charge certificate should be signed for him by the Superintendent of Police, or, in his absence, by an Assistant Superintendent of Police or Deputy Superintendent of Police. The effect of this will be that an officiating officer will be considered to have been reverted, and permanent incumbent's joining time or leave or discharge, will be counted from the date on which the relieving officer takes over charge."

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4. Having heard the learned counsel for the parties, and having

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gone through the record, and particularly the facts-circumstances of the case, the instant petition is disposed of with the direction to authority concerned to issue an appropriate order in the light of the judgment passed by this Court in Writ-A No.265 of 2024 titled as Sunil Kumar Pandey PNR No.062018210 and others v. State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 3 Others , within a week from the date of receipt of a certified copy of this order.

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Order Date :- 19.1.2024 Shafique

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Vinod Diwakar, J.

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Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad, Lucknow Bench

Constable Driver Cdr Pno. 060480691 Sanjeev Kumar and 2 Others v. State of U.P Thru. Addl. Chief Secy. Deptt. of Home, Civil Secrt. Lko. and 5 Others

Case brief

What is this about?

What did the court decide?

Constable Driver Cdr Pno. 060480691 Sanjeev Kumar and 2 Others v. State of U.P Thru. Addl. Chief Secy. Deptt. of Home, Civil Secrt. Lko. and 5 Others

Case brief

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