Court No. - 37
Case :- WRIT - A No. - 6823 of 2018 Petitioner :- Amit Kumar Mishra Respondent :- State Of U.P. Through Secretary Home Govt. Of U.P. Lucknow And 4 Others Counsel for Petitioner :- Sanjay Kumar Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
The petitioner is a Constable in Civil Police and is aggrieved by the order of transfer dated 25.5.2016. It is submitted that prior to the aforesaid date the petitioner was already transferred to C.B.I./Anti Corruption Bureau, Lucknow by order dated 23.1.2015. Since the petitioner had already been transferred earlier to the order of transfer dated 25.5.2016, a circular has been issued dated 27.6.2017 which recites that such transfer order passed in 2016, which have not been acted upon, should be considered cancelled. Learned counsel for the petitioner now submits that once by a circular dated 27.6.2017 the earlier transfer stands cancelled how by order dated 25.5.2016 can the petitioner be asked to proceed on the said transfer order from Ghaziabad to Bareilly.
It is to be noted that the petitioner holds a transferable post and transfer is an incidence of service. However, once the transfer order dated 25.5.2016 which was never acted upon and by the circular dated 27.6.2017 the same was declared to be cancelled, how can the authorities insist the petitioner to transfer on the transfer order dated 25.5.2016. It is further to be noted that the transfers are made in public interest or on administration ground and it is the executive that can decide as to which personnel should be posted in which department and when.
As such, the petitioner may represent to the respondent no. 2 with regard to insistence of the authorities to the transfer of petitioner pursuant to transfer order dated 25.5.2016 while ignoring the circular dated 27.6.2017. In case such a representation is filed before respondent no. 2, the same shall be considered and decided, 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 it. For a period of one month the order of transfer dated 25.5.2016 shall be kept in abeyance.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 27.2.2018 Sunil Kr. Gupta