Disposed

Const. Arun Kumar Tomar Pno. No. 162652420 v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and 2 Others

Allahabad HC24 Jun 2024WRIA/4785/2024

Case brief

AI extract

What is this about?

Court allowed liberty to petitioner Const. Arun Kumar Tomar to file representation against his transfer from Gautam Budh Nagar to District Amethi, staying enforcement pending authority's decision on the representation.

What did the court decide?

Liberty granted to file representation against transfer order before concerned authorities within three days; stay on joining District Amethi pending decision.

Const. Arun Kumar Tomar Pno. No. 162652420 vs State… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:43996

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Court No. - 3

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Case :- WRIT - A No. - 4785 of 2024 Petitioner :- Const. Arun Kumar Tomar Pno. No. 162652420 Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 2 Others

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Counsel for Petitioner :- Anupam Shukla,Jay Vardhan Shukla,Manish Vaish

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Counsel for Respondent :- C.S.C.

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Hon'ble Manish Mathur,J.

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Heard learned counsel for the petitioner and learned State Counsel for the opposite parties.

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Present petition has been filed challenging the order dated 10.6.2024 whereby petitioner who is currently employed as Constable has been transferred from Gautam Budh Nagar to District Amethi.

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Learned counsel for the petitioner submits that the impugned transfer order has been passed without obtaining requisite approval by the Police Establishment Board since the order indicated of the said Board appears to be completely incorrect. He has further submitted that the transfer has been made in the mid academic session which will hamper studies of the petitioner's children who was studying in the Maharshi Vidya Mandir in District NOIDA.

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On the basis of instructions, petitioner submits that he may be granted liberty to file a representation against the transfer before concerned authorities which may be considered and decided.

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In view of the innocuous prayer being made by the learned counsel for the petitioner and without entering into the merits of the case liberty is granted to the petitioner to make a fresh representation before opposit party no.2 within a period of three days from today which shall be considered and decided by the authority concerned within 15 days from the date of receipt of the representation.

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In case such a representation is made within a stipulated time period the petitioner shall not be compelled to join in District Amethi in pursuance of the impugned transfer order dated 10.6.2024 till final decision of the petitioner's representation.

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With the aforesaid directions petition stands disposed of .

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Order Date :- 24.6.2024 mks

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

Const. Arun Kumar Tomar Pno. No. 162652420 v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Const. Arun Kumar Tomar Pno. No. 162652420 v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and 2 Others

Case brief

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