Disposed

Asht Bhuj Kumar Yadav PNO.112054524 v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and 4 Others

Allahabad HC20 Sept 2024/8095/2024

Case brief

AI extract

What is this about?

Head Constable challenged his transfer from Anticorruption Organization, Lucknow to Kanpur Range and subsequent posting orders, noting inconsistent grounds. Court did not enter merits; permitted fresh representation to DGP Establishment within one week, to be decided with reasoned order within three weeks.

What the court decided

AI extract

Asht Bhuj Kumar Yadav PNO.112054524 Vs State of… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:64988

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Court No. - 4

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Case :- WRIT - A No. - 8095 of 2024

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Petitioner :- Asht Bhuj Kumar Yadav Pno.112054524 Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And 4 Others Counsel for Petitioner :- Rakesh Pathak,Vijay Pathak Counsel for Respondent :- C.S.C.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Vijay Pathak, learned counsel for the petitioner and Sri S.K. Singh, learned Standing Counsel for the opposite parties.

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By means of this petition the petitioner has assailed the transfer order dated 24.6.2024 passed by the Additional Director General of Police , Establishment / Chairman Police Establishment Board, Head Quarter, Lucknow on behalf of Deputy Inspector General of Police, Establishment, Lucknow transferring as many as three Head Constables from one place to another and the name of the petitioner finds place at serial no. 2 whereby the petitioner has been transferred from Anticorruption Organization, Lucknow to Kanpur Range, Kanpur in public interest. He has also assailed another order dated 19.7.2024 issued by the Anti-Corruption Organization, Lucknow transferring the petitioner in terms of earlier order dated 24.6.2024 but in this order the different reason has been indicated as this transfer order has been issued on the administrative ground.

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The petitioner has also assailed the relieving order dated 14.8.2024 passed by the Deputy Inspector General of Police, Kanpur Range, Kanpur whereby the aforesaid authority posted the petitioner at Fatehgarh. In the aforesaid order it has been indicated that transfer order of the petitioner was passed in public interest. One of the grievance of the petitioner is that his wife is serving in the office of C.B.C.I.D.,Lucknow as Head Constable.

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Learned counsel for the petitioner has stated that the authorities are not sure as to whether the transfer of the petitioner is in public interest or on administrative ground. He has further submitted that though the petitioner has submitted his joining at the transferred place being an employee of the disciplined force but he is still having his bonafide grievance and the same may be considered by the competent authority as per policy, therefore, the petitioner may be given liberty to prefer a fresh

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representation to opposite party no. 2.

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Without entering into the merits of the issue, the petitioner is permitted to move a fresh representation within one week before the opposite party no. 2 i.e.The Director General of Police, Establishment / Chairman, Police Establishment Board, Head Quarter, Signature Building, Lucknow taking all his pleas and grounds and enclosing his earlier representations along with all relevant documents. If such a representation is moved the opposite party concerned is directed to dispose of the representation of the petitioner with speaking and reasoned order after affording an opportunity of hearing to the parties concerned, strictly in accordance with law expeditiously, say within a period of three weeks from the date of production of the certified copy of this order.

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The decision on the representation shall be communicated to the petitioner forthwith.

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Writ petition is finally disposed of .

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[Rajesh Singh Chauhan, J.]

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Order Date :- 20.9.2024 Om

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

Asht Bhuj Kumar Yadav PNO.112054524 v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and 4 Others

Case brief

What is this about?

What the court decided

Asht Bhuj Kumar Yadav PNO.112054524 v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and 4 Others

Case brief

What is this about?

What the court decided

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