Raju Singh (Constable , Pno - 882810302) Vs State of U.P. Thru. Prin. Secy. Home Lko and 3 Others — Allahabad HC (2025) — LawSathi Research

Raju Singh (Constable , Pno - 882810302) Vs State of U.P. Thru. Prin. Secy. Home Lko and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 22.02.2025 quashed by writ of Certiorari; writ of Mandamus issued to opposite party no.2 (Additional Director General of Police (Establishment), Uttar Pradesh, Lucknow) to reconsider petitioner's transfer representation; parties to bear their own costs.

Issue for consideration

Whether the order dated 22.02.2025 rejecting petitioner's transfer representation was founded on an erroneous chart showing him as posted for more than 15 years in District Kanpur, when in fact he had been posted there for less than 15 years so that his representation could have been considered. +1 more

Court's answer

On the basis of the written instructions admitting the State's error regarding the 15-year tenure chart, the impugned order dated 22.02.2025 rejecting petitioner's transfer representation is quashed by issuance of a writ in the nature of Certiorari.

Ratio / Principle

A further writ in the nature of Mandamus is issued commanding opposite party no.2, the Additional Director General of Police (Establishment), Uttar Pradesh, Lucknow, to reconsider petitioner's representation for transfer from District Etah to Commissionerate District Kanpur Nagar in pursuance of Circular dated 22.06.2017, the guidelines for Sessions 2024-25 dated 11.06.2024, and in terms of the written instructions dated 22.07.2025.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), WRIT - A No. 7214 of 2025 (Neutral Citation 2025:AHC-LKO:42376), Hon'ble Manish Mathur, J., order dated 23.7.2025. Raju Singh, Constable, challenged the order dated 22.02.2025 rejecting his representation for transfer from District Etah to Commissionerate, Kanpur Nagar made in pursuance of Circular dated 22.06.2017 (issued by the Inspector General of Police (Establishment), U.P., Lucknow) and guidelines dated 11.06.2024 for Sessions 2024-25; the rejection rested on a chart depicting him as posted more than 15 years in District Kanpur Nagar, allegedly contrary to paragraph 1 of the Office Memorandum dated 22.06.2017. Written instructions dated 22.07.2025 tendered by learned State counsel admitted the chart was incorrect - petitioner had not yet completed 15 years in District Kanpur - and that the clerk responsible had been suspended with a preliminary inquiry held. Relying on that admission, the Court quashed the impugned order by a writ of Certiorari and issued a writ of Mandamus to opposite party no.2, the Additional Director General of Police (Establishment), U.P., Lucknow, to reconsider the representation in pursuance of the Circular dated 22.06.2017, the guidelines dated 11.06.2024 and the written instructions dated 22.07.2025. Petition allowed; parties to bear their own costs.

Neutral Citation No. - 2025:AHC-LKO:42376

Court No. - 18

Case :- WRIT - A No. - 7214 of 2025 Petitioner :- Raju Singh (Constable , Pno - 882810302) Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Petitioner :- Pushpendra Kumar Sharma Counsel for Respondent :- C.S.C.

Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties.

Petition has been filed challenging order dated 22.02.2025 whereby petitioner's representation for transfer from District Etah to Commissionerate, Kanpur Nagar in pursuance of circular dated 22.06.2017 and guidelines dated 11.06.2024 for the sessions 2024-2025 has been rejected. A further prayer for a direction to concerned authority to consider petitioner's case for transfer from Etah to Kanpur Nagar has also been sought.

It is submitted that impugned order has been passed rejecting petitioner's representation on the ground that he has been posted for more than 15 years in District Kanpur Nagar and is therefore against provisions of paragraph 1 of the Office Memorandum dated 22.06.2017.

It is submitted that however the chart indicated in the impugned order showing petitioner as having been posted for a period of more than 15 years in District Kanpur is erroneous and that in fact petitioner has been posted in District Kanpur for less than 15 years due to which his representation could have been considered.

Learned State counsel has been provided written instructions dated 22.07.2025, which are taken on record and as per which, it is admitted that the chart indicated in impugned order was incorrect and a correct chart has been indicated in the instructions in paragraph 5 which indicates that petitioner has not yet completed 15 years in District Kanpur. The instruction also indicates that the clerk concerned who submitted the incorrect

data has been suspended and preliminary inquiry has also been held.

In view of aforesaid written instructions admitting their error, the impugned order dated 22.02.2025 is hereby quashed by issuance of a writ in the nature of Certiorari. A further writ in the nature of Mandamus is issued commanding the opposite party no.2 i.e. Additional Director General of Police (Establishment), Uttar Pradesh, Lucknow to reconsider petitioner's representation for transfer from District Etah to Commissionerate District Kanpur Nagar in pursuance of Circular dated 22.06.2017, issued by the Inspector General of Police (Establishment), Uttar Pradesh Lucknow and also in pursuance of guidelines for the Sessions 2024-25 dated 11.06.2024 and in terms of written instructions dated 22.07.2025.

Resultantly, petition succeeds and is allowed . Parties to bear their own costs.

Order Date : - 23.7.2025 Subodh/-

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