Writ petition challenging attachment order directing petitioner to exhaust internal remedies before competent authority for redressal of grievance regarding frequent transfers.
Direction to raise grievance before competent authority within two weeks and dispose of the same within four weeks.
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Neutral Citation No. - 2025:AHC:100941
Court No. - 4
Case :- WRIT - A No. - 8619 of 2025
Petitioner :- C.P. Sachin Kumar Respondent :- State Of Up And 8 Others Counsel for Petitioner :- Arvind Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
Heard Sri Arvind Kumar Tiwari, learned counsel for the petitioner and learned Standing Counsel for the State.
By means of this petition filed under Article 226 of the Constitution, the petitioner has challenged the attachment order dated 05.03.2025, whereby, even though he has continued to retain his original posting at Badaun but has come to be attached at Prayagraj.
It is argued on behalf of the petitioner that previously he was attached at Agra under the order dated 25.03.2025 but thereafter, he was given posting at Lucknow and then was transferred back to original place at Badaun under the order dated 27.03.2025 but now he has again been posted at Agra. It is contended that petitioner has been reduced to a status of a shuttle cock by transferring him frequently to and fro between these places, may be on attachment basis. He submits that this is not the way any administrative exercise of power should have taken place.
Per contra it is submitted by learned Standing Counsel that petitioner was attached at different places as per the requirement in administrative exigency and therefore, should not have any complaint. He submits that petitioner could have a point for having been transferred permanently from Badaun but since he has been made to continue at Badaun and only attached to Agra, this Court may not interfere in the matter of attachment.
Having heard learned counsel for the parties and having perused the records and also the attachment order, I find that petitioner has been made to run from Agra to Lucknow and from Badaun to Agra within last one year span and it make sense in the ground raised by the petitioner that petitioner should not be reduced to the status of a shuttle cock. However, since the order is only of attachment, I consider it appropriate for the petitioner to raise his grievance
before the competent authority namely the respondent no. 2 within a period of two weeks from today and if he does so, the respondent no. 2 shall look into the grievance of the petitioner and disposed of the same within a further period of four weeks by means of a reasoned and speaking order.
With these observations and directions, this petition stands disposed of.
Order Date :- 1.7.2025 IrfanUddin
Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petitioner's frequent temporary attachments amount to administrative harassment?
1 provisions across 1 enactments
C.P. Sachin Kumar
State Of Up And 8 Others
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
