Remanded

Habib Ahmad v. State of Up and 3 Others

Allahabad HC2 Jul 2024WRIA/7415/2024

Case brief

AI extract

What is this about?

Though the respondent State cited the Model Code of Conduct to delay releasing a sub-inspector on transfer, the Court issued a warrant ordering the Commandant to relieve the petitioner within 48 hours or show cause. This was a fresh order remanding the matter for compliance with the transfer order.

What did the court decide?

Directed the Respondent Commandant to relieve the petitioner within 48 hours or file an affidavit showing cause for non-compliance by 05.07.2024.

Habib Ahmad vs State of Up and 3 Others — Pension and Retirement Benefits | Allahabad HC (2024)

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Court No. - 5

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Case :- WRIT - A No. - 7415 of 2024

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Petitioner :- Habib Ahmad Respondent :- State of U.P. and others

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Counsel for Petitioner :- Aishwarya Kumar Singh,Rajesh Kumar Singh,Utkarsh Kumar Singh

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Counsel for Respondent :- C.S.C.

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Hon'ble J.J. Munir,J.

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On 21.05.2024, the following order was passed :

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The Standing Counsel has received instructions and on the basis of his instructions states that the petitioner is not being relieved because of Civil Code of Conduct in force due to the Lok Sabha Elections.

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Put up again as fresh on 2.7.2024 .

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The petitioner, who is a Sub-Inspector (Ministerial) with the Provincial Armed Constabulary ('PAC' for short) and posted with the 48th Battalion of the PAC, Sonbhadra, has been transferred to Varanasi Zone vide transfer order dated 30.06.2023. His grievance is that he is not being relieved. As the order of this Court recorded above would show, the justification offered was that Model Code of Conduct on account of the Lok Sabha Elections, 2024 was in force, due to which, it was not possible to relieve the petitioner.

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Learned Counsel for the petitioner states that though the Model Code of Conduct has now come to an end, the Commandant, 48th India Reserve Vahini, PAC, Sonbhadra is not relieving the petitioner still.

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In the circumstances, the Commandant, 48th India Reserve Vahini, PAC, Sonbhadra is ordered to relieve the petitioner in terms of the transfer order dated 30.06.2023 passed by the Police Headquarters, Lucknow, within 48 hours, or show cause, by his own affidavit, on or before 05.07.2024, why this interim order be not made absolute .

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Adjourned to 05.07.2024 .

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To be taken up as fresh .

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The Registrar (Compliance) is directed to communicate this order to the 48th India Reserve Vahini, PAC, Sonbhadra through the learned Chief Judicial Magistrate, Sonbhadra today .

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Order Date :- 2.7.2024 I. Batabyal

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Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad

Habib Ahmad v. State of Up and 3 Others

Case brief

What is this about?

What did the court decide?

Habib Ahmad v. State of Up and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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