Amit Singh Vs State of U.P. Thru. Prin. Secy. Dept. of Home Lko. and 2 Others

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Neutral Citation No. - 2024:AHC-LKO:14989

Court No. - 24

Case :- WRIT - A No. - 376 of 2024 Petitioner :- Amit Singh Respondent :- State Of U.P. Thru. Prin. Secy. Dept. Of Home Lko. And 2 Others Counsel for Petitioner :- Shashank Singh,Mohammad Zeeshan Lari,Siddhartha Sinha Counsel for Respondent :- C.S.C.

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Hon'ble Vinod Diwakar,J.

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Heard Shri Shashank Singh, learned counsel for the petitioner, learned Standing Counsel for the State-respondents, and perused the records.

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The instant petition has been preferred challenging the impugned relieving order dated 14.11.2023 passed by the Deputy Commissioner of Police, Lucknow, as well as the transfer order dated 5.6.2023 passed by Deputy Inspector General of Police (Karmik), Lucknow. A further prayer has been made to direct the respondents to allow the petitioner to work on the present place of posting and pay his salary regularly every month.

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Learned counsel for the petitioner submits that the impugned order dated 14.11.2023 passed in pursuance of the transfer order dated 5.6.2023 is illegal and arbitrary. The relieving order dated 14.11.2023 has been passed in defiance of Rule 523 of the U.P. Police Regulations. The petitioner has also raised certain personal reasons for not complying with the impugned order dated 14.11.2023. He further submits that while issuing the transfer orders and thereafter relieving orders, no uniform policy has been adopted by the Department, and that is why the favoritism and nonapplication of mind are reflected in the impugned order. Learned counsel further states that Chapter XXXIV, Rule 523 of the U.P. Police Regulations mandates the issuance of a relieving order within 10 days after the passing of the transfer order.

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Learned counsel for the petitioner has drawn attention of this 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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Learned counsel for the petitioner has also relied upon the office order dated 7.6.2023 being no.9/2023/262/General/47-Ka-42023-(1/3/96) issued by Chief Secretary, Government of Uttar Pradesh and letter dated January 14, 2022 issued by the Director General of Police, Uttar Pradesh in which the parameters to regulate the transfer of the police officers/Head Constables/Constables have been discussed.

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Having heard the learned counsel for the parties, and having gone through the record, the instant petition is disposed of 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 , in which the similar issue has been discussed.

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It is made clear that the impugned relieving order dated 14.11.2023 shall remain stayed till 30.4.2024, and the impact of the impugned order shall be revived immediately thereafter. The department shall be at liberty to proceed further in conformity with

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the transfer order dated 5.6.2023. The petitioner is further directed to report to the new place of posting as delineated in the transfer order within a week from 31.4.2024.

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Order Date :- 19.1.2024 Ujjawal

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Vinod Diwakar, J.

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

Amit Singh v. State of U.P. Thru. Prin. Secy. Dept. of Home Lko. and 2 Others

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Amit Singh v. State of U.P. Thru. Prin. Secy. Dept. of Home Lko. and 2 Others

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