Court No. - 37
Case :- WRIT - A No. - 6465 of 2018 Petitioner :- Abdul Ali Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kailash Prakash Pandey Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
By means of this writ petition the petitioner is challenging the order of transfer from Traffic Police to Police Line by order dated 29.1.2018.
The contention in the writ petition is that the transfer has been affected by the Superintendent of Police, Hamirpur and no approval has been taken from the Directorate of Traffic Police and, therefore, the impugned order is an order of transfer without jurisdiction.
It is not disputed that the petitioner holds a transferable post. It is also not disputed that the transfer is an incidence and a condition of service and the transfer can be made from one Branch of Police to another Branch of Police but whether the approval of the appropriate authority has been taken or not, it is for the authorities to look into.
As such, the writ petition is disposed of with the direction/observation that in case the petitioner makes a representation to respondent no.2 against the order of transfer on the ground that the Superintendent of Police has no jurisdiction to transfer, the claim of the petitioner be considered and decided in accordance with law, as far as possible, within a period of one month from the date a certified copy of this order along with representation is presented before the authority concerned. For a period of one month the impugned order of transfer dated 29.1.2018 shall be kept in abeyance.
Order Date :- 27.2.2018 Sunil Kr. Gupta