The petitioner requested withdrawal of a writ petition challenging delayed transfer and relieving orders in service disputes. The High Court allowed the withdrawal and dismissed the petition as not pressed.
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Court No. - 18
Case :- WRIT - A No. - 404 of 2024
Petitioner :- Brijesh Kumar Prajapati Pno. No. 112452634 Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Govt. Civil Sectt. Lko And 3 Others Counsel for Petitioner :- M.P. Raju Counsel for Respondent :- C.S.C.
Hon'ble Manish Kumar,J.
Heard learned counsel for the parties and perused the record.
The present writ petition has been filed for quashing of the impugned relieving order dated 14.11.2023 passed by Opposite Party No.4 and the transfer order dated 05.06.2023 passed by Opposite Party No.2 and order dated 23.11.2023 passed by Opposite Party No.2 in so far it relates to the petitioner.
Learned counsel for the petitioner has submitted that the case of the petitioner is squarely covered by the judgements 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 the similarly situated persons had approached this Court relating to delayed relieving after their transfer order.
It is further submitted that in Para 523 of U.P. Police Regulation, which provides 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.
The relieving in the present case has been given after more than five months.
On the other hand, learned Standing Counsel has submitted that the transfer order dated 5.6.2023 and relieving order dated 14.11.2023 is now no more to be treated in existence as far as it is related to the petitioner. It is further submitted that after the order of relieving dated 14.11.2023 on the request/ representation of the petitioner the order of transfer has been modified and the petitioner has been transferred from Gautambudh Nagar to Ayodhya in place of Lucknow to Gautambudh Nagar by order dated 23.11.2023 and in pursuance thereof the petitioner was relieved to join at Ayodhya.
At this stage, learned counsel for the petitioner has prayed to permit the petitioner to withdraw the present writ petition as dismiss as not pressed.
As prayed, the writ petition is dismissed as not pressed.
Order Date :- 22.1.2024
S. Kumar
Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench
Brijesh Kumar Prajapati
State Of U.P.
Manish Kumar
As recorded by the court registry
2 orders share this CNR
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