Disposed

Devesh Khare v. State of U.P. Thru. Addl. Chief Secy. Housing and Urban Planning Deptt. Lko and 3 Others

Allahabad HC24 Sept 2024WRIA/8413/2024

Case brief

AI extract

What is this about?

The High Court heard a writ petition seeking quashing of a transfer and relieving order passed against the petitioner. Drawing reference to a prior judgment, the Court directed the competent authority to submit written instructions within one week, adjourned the matter, and prohibited coercive action pending hearing.

What did the court decide?

Complete written instructions from competent authority required within one week; no coercive steps against petitioner.

Devesh Khare vs State of U.P. Thru. Addl. Chief… — Service and Employment | Allahabad HC (2024)

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Court No. - 4

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Case :- WRIT - A No. - 8413 of 2024

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Petitioner :- Devesh Khare

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Respondent :- State Of U.P. Thru. Addl. Chief Secy. Housing And Urban Planning Deptt. Lko And 3 Others Counsel for Petitioner :- Shrish Kumar Gaur Counsel for Respondent :- C.S.C.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Shri S.K. Gaur, learned counsel for the petitioner and Shri Sandeep Sharma, learned Standing Counsel for the Staterespondents.

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

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"I. To issue a writ, order or direction in the nature of the certiorari to quash the impugned order of transfer 27.06.2024 passed by opposite party No. 3, as contained in annexure No.1 to the writ petition.

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II. To issue a writ, order or direction in the nature of the certiorari to quash the impugned relieving order dated 05.07.2024 issued in pursuance to the transfer 27.06.2024 passed by opposite party No. 3, as contained in annexure No.2 to the writ petition.

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To issue a writ, order or direction in the nature of mandamus commanding the opposite parties to allow the petitioner to joinin the office of opposite party no. 2 & 3 and to not interfere in the smooth function of the petitioner and pay salary regularly consequent upon quashing of the impugned order of transfer and relieving order. "

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Attention has been drawn towards the annexure no. 4 which is a judgement and order dated 16.2.2024 passed by this Court in Writ-A No. 961 of 2024 (Devesh Khare vs. State of U.P. and others), whereby the earlier order of transfer dated 22.11.2023 has been quashed by this Court. In compliance of the aforesaid order dated 16.2.2024, the competent authority has passed an order dated 28.5.2024 (annexure-6) permitting the petitioner to

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submit his joining at Lucknow and pursuant thereto, the petitioner has submitted his joining at Lucknow on 31.5.2024.

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Learned counsel for the petitioner has stated that before lapse of period of one month after submitting the joining at Lucknow, the impugned transfer order dated 27.6.2024 (annexure-1) has been passed transferring the petitioner from Lucknow to Gorakhpur on administrative ground. Thereafter, the subsequent order dated 5.7.2024 has been passed relieving the petitioner from Lucknow. However, the petitioner is on leave, therefore, the charge has not been taken from him and also he has not submitted his joining at Gorakhpur.

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Learned counsel for the petitioner has stated that the petitioner is absolutely unaware about the administrative ground transferring him from Lucknow to Gorakhpur. Further, there may not be any occasion to transfer the petitioner within a period of one month after permitting him to submit his joining at Lucknow.

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Let complete written instruction be sought from the competent authority, who has passed the impugned transfer order dated 27.6.2024, within a period of one week.

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List this case on 03.10.2024 as fresh.

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Till the next date of listing, no coercive steps shall be taken against the petitioner.

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Order Date :- 24.9.2024 Shravan

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Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Devesh Khare v. State of U.P. Thru. Addl. Chief Secy. Housing and Urban Planning Deptt. Lko and 3 Others

Case brief

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Devesh Khare v. State of U.P. Thru. Addl. Chief Secy. Housing and Urban Planning Deptt. Lko and 3 Others

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