Case :- WRIT - A No. - 12094 of 2021 Petitioner :- Akhilesh Chandra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Irshad Ahmad Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned Counsel for petitioner and the learned Standing Counsel.
Petitioner has challenged the impugned relieving order dated 21.08.2021 passed by the respondent no.3-Chief Medical officer, Jaunpur in pursuance to the transfer order passed on 13.09.2019.
It has been submitted by learned Counsel for petitioner that petitioner was transferred in the year 2019 and now after lapse of 2 years, the aforesaid impugned relieving order has been passed by respondent no.3.
Learned Standing Counsel, on the basis of the instructions which is taken on record, has admitted that definitely, the impugned reliving order has been passed too late and, therefore, fresh orders will be passed with respect to the petitioner and other persons who have not joined their services in pursuance to the transfer order passed in the years 2019.
Admittedly, there is a considerable long delay in passing the impugned relieving order and no cogent and justifiable reasons have been given for not acting upon the transfer order immediately when it was passed. Therefore, the impugned order dated 21.08.2021 passed by the respondent no.3-Chief Medical officer, Jaunpur in respect of petitioner is legally not sustainable and the same is hereby quashed.
exigency of service so requires, in accordance with law.
With the aforesaid observations/ directions, the writ petition is disposed of finally.
Order Date :- 29.10.2021 NS