Quashed

Subhash Singh Alias Subhash Singh Panwar Pno. No. 872650789 v. State of U.P. Thru. the Prin. Secy. Home, Govt. of U.P. Lucknow and 3 Others

Allahabad HC18 Jan 2024WRIA/343/2024

Case brief

AI extract

What is this about?

The petitioner challenged a transfer order from district Baghpat to Bareily on the grounds that he had not been relieved of duties despite the regulatory timeframe. The Court quashed the impugned order, following precedent, while granting liberty to the respondents to pass a fresh transfer order if required by service exigency.

What did the court decide?

Impugned transfer order quashed with liberty to pass fresh order.

Subhash Singh Alias Subhash Singh Panwar Pno. No… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:5003

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Court No. - 18

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Case :- WRIT - A No. - 343 of 2024

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Petitioner :- Subhash Singh Alias Subhash Singh Panwar Pno. No. 872650789 Respondent :- State Of U.P. Thru. The Prin. Secy. Home, Govt. Of U.P. Lucknow And 3 Others Counsel for Petitioner :- Ramesh Singh,Anand Singh Pawar Counsel for Respondent :- C.S.C.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the petitioners 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 02.11.2023 and the order dated 08.01.2024 passed by the respondent nos. 3 as far as it is related to the petitioner by which the petitioner has been transferred from district Baghpat to district Bareily but till date the petitioner has not been relieved.

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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 but petitioner has not been relieved till date.

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Learned counsel for the petitioner placed reliance on the judgment and orders of this Court dated 03.12.2022, 08.02.2021, 08.07.2022, 04.10.2017, 03.12.2018, 25.02.2019 and 13.12.2021 passed in Writ A No 8152 of 2022, 3551 (S/S) of 2021, Writ A No. 4097 of 2022, 23631 (S/S) of 2017, 31879 (S/S) of 2018, 5403 (S/S) of 2019 and 28779 (S/S) 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 authority was justified in relieving the petitioners after

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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 re-consider 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 :- 18.1.2024 Ashish

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

Subhash Singh Alias Subhash Singh Panwar Pno. No. 872650789 v. State of U.P. Thru. the Prin. Secy. Home, Govt. of U.P. Lucknow and 3 Others

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Subhash Singh Alias Subhash Singh Panwar Pno. No. 872650789 v. State of U.P. Thru. the Prin. Secy. Home, Govt. of U.P. Lucknow and 3 Others

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