Disposed

Nikhil Kumar Srivastava v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC12 Dec 2024WRIA/878/2024

Case brief

AI extract

What is this about?

Writ petition against a police Inspector's frequent transfers; court found the impugned transfer to Banda within three weeks of joining Lucknow was a case of frequent transfers and stayed its operation pending counter affidavit.

What did the court decide?

Operation of the impugned transfer order dated 29.01.2024 relating to the petitioner stayed until the next date of listing.

Nikhil Kumar Srivastava vs State of U.P. Thru… — Service and Employment | Allahabad HC (2024)

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Court No. - 18

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Case :- WRIT - A No. - 878 of 2024

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Petitioner :- Nikhil Kumar Srivastava Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Petitioner :- Ramesh Kumar Srivastava Counsel for Respondent :- C.S.C.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.

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The present writ petition has been preferred for quashing of the impugned transfer order dated 29.01.2024 passed by the respondent no.5/ The Superintendent of Police, Anti-Corruption Organization, U.P., Lucknow to the extent it is related to the petitioner, whereby the petitioner has been transferred from Lucknow to Banda Unit and for quashing of the impugned proceeding/order dated 29.01.2024 passed by respondent no.4 by summoning the same.

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Learned counsel for the petitioner has submitted that the petitioner was initially appointed on the post of Sub Inspector (Civil Police) on 01.08.2006 and subsequently he was promoted on the post of Inspector on 28.01.2018.

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It is further submitted that in the year 2018, the petitioner was transferred from Lucknow to Gorakhpur Zone and he was relieved in September, 2019 from Lucknow. The petitioner was again vide order dated 09.09.2023 had been transferred from Bahraich to Gorakhpur. Against the said transfer order, the petitioner had made an application on 15.09.2023 for cancellation of his transfer from Bahraich to Gorakhpur on the ground of illness of his wife.

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On the request of the petitioner, the transfer order was cancelled by the order dated 01.11.2023. On 07.11.2023, the order has been passed transferring the petitioner from Bahraich to Lucknow and on the same day another order was passed by which the petitioner was transferred from Bahraich to Gonda. The petitioner had joined at Gonda on 26.11.2023. Within a months, the Superintendent of Police had relieved the petitioner by the order dated 04.01.2024 to join at Lucknow. In compliance thereof, the petitioner had joined at Lucknow on 05.01.2024. Within three weeks of the joining of the petitioner, the impugned transfer order has been passed by which the

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petitioner has been transferred from Lucknow Unit to Banda Unit.

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It is further submitted that it is the third transfer within period of two months which is a case of frequent transfers which has been held by this Court in catena of decisions that frequent transfers are bad in the eyes of law.

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On the other hand, Learned State Counsel has submitted that the transfer of the petitioner has been made from Lucknow to Banda Unit in public interest as the posts are vacant, hence there is no illegality in the impugned transfer order.

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After hearing the learned counsel for the parties and the material available on record, it is crystal clear that the petitioner had joined at Gonda on 26.11.2023. On 05.01.2024, he was relieved to join at Lucknow. On the same date, the petitioner had joined at Lucknow. Within three weeks of the joining of the petitioner, the impugned transfer order has been passed transferring the petitioner from Lucknow to Banda Unit which is a case of frequent transfers.

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Learned Standing Counsel prays for and is granted four weeks' time for filing counter affidavit.

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Rejoinder affidavit, if any, may be filed within a period of two weeks thereafter.

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List this case immediately after the expiry of aforesaid period.

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Till the next date of listing, the operation of impugned transfer order dated 29.01.2024 as far as it relates to the petitioner shall remain stayed.

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Order Date :- 6.2.2024 Raj

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Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

Nikhil Kumar Srivastava v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Nikhil Kumar Srivastava v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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