Disposed

Head Constable (Civil Police) Kishore Kumar Saxena and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Others

Allahabad HC18 Jul 2024WRIA/5397/2024

Case brief

AI extract

What is this about?

Writ petition seeking quashing of transfer order and direction to consider transfer applications was disposed of by granting liberty to file fresh representation with expedited consideration.

What did the court decide?

Liberty to prefer fresh representation to Director General of Police (Personnel) within 7 days for decision within 15 days.

Head Constable (Civil Police) Kishore Kumar Saxena… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:48391

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Court No. - 4

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Case :- WRIT - A No. - 5397 of 2024

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Petitioner :- Head Constable (Civil Police) Kishore Kumar Saxena And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Others Counsel for Petitioner :- Sushil Kumar Pathak Counsel for Respondent :- C.S.C.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Shri S.K. Pathak, learned counsel for the petitioners and Ms. Deepshikha, learned Additional C.S.C.-II for the State-respondents.

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By means of this petition, the petitioners have prayed following main relief(s):-

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"(i) Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned Transfer Order dated 28/6/2024 passed by the opposite party no. 3 as contained in Annexure No. 1 to this Writ Petition, so far it relates to the petitioners.

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(ii) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties to consider the transfer of the petitioners as per their options (as contained in Annexure No. 3 to this Writ Petition) given by the petitioners in pursuance of the Circular dated 28/3/2024 issued by the opp. party no. 2 (as contained in Annexure No. 2 to this Writ Petition)."

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Learned counsel for the petitioners has stated that in terms of the Circular dated 28.3.2024 (Annexure-2), the petitioners have preferred their separate representations online providing their places of posting for which the petitioners may be transferred from the present place of posting.

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Learned counsel for the petitioners has fairly stated that since the petitioners have completed their tenure, therefore, they may be transferred to another place. He has further submitted that in terms of the aforesaid circular, the petitioners filed their online applications, so such applications should be considered by the authority concerned. However, while passing the impugned transfer order dated 28.6.2024, none of the request of the petitioners has been considered.

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Learned Additional C.S.C. has submitted that if the petitioners are aggrieved from the aforesaid reason, they may again prefer their fresh and separate representations to the competent authority enclosing therewith the copies of their earlier online applications and the competent authority may decide strictly in accordance with law.

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Learned counsel for the petitioners has stated that till date, the petitioners have not been relieved from the present place of posting.

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However, Shri Chauhan, learned Additional C.S.C. has stated that he

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has no instructions on the point as to whether the petitioners have been relieved from the present place of posting or not pursuant to the impugned transfer order.

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In view of the above, without entering into merits of the issue, this writ petition is disposed of finally at the admission stage giving liberty to the petitioners to prefer a fresh representation to the opposite party no.3 i.e., Director General of Police (Personnel), U.P., Lucknow taking all pleas and grounds which are available to them enclosing therewith copies of relevant documents, their earlier representations, if any, and their online applications submitted in terms of Circular dated 28.3.2024 which are necessary for disposal of the representation, within a period of 7 days from today and if such representation is preferred by the petitioners within aforesaid period, the competent authority shall consider and decide the same strictly, by speaking and reasoned order, as per transfer policy with expedition, preferably within a further period of 15 days. If the petitioners have not been relieved as on today i.e., 10.7.2024 from the present place of posting, they shall not be relieved till the disposal of the aforesaid representation or the period of 20 days, whichever is earlier.

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[Rajesh Singh Chauhan, J.]

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Order Date :- 18.7.2024 Om

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

Head Constable (Civil Police) Kishore Kumar Saxena and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Others

Case brief

What is this about?

What did the court decide?

Head Constable (Civil Police) Kishore Kumar Saxena and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Others

Case brief

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What did the court decide?

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