Court No. - 37
Case :- WRIT - A No. - 6531 of 2018 Petitioner :- Ashok Kumar (Sub Inspector) Respondent :- State Of U.P. Through Principal Secretary (Home) Govt. Of U.P And 2 Others Counsel for Petitioner :- Anand Pati Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State-respondents.
By means of this writ petition the petitioner has challenged the order of transfer dated 4.8.2017. The petitioner was transferred from Gautam Budh Nagar to Kanpur Division and the petitioner has joined the post and is currently posted at District Auraiya.
The ground for challenge is that the petitioner's transfer was in view of an enquiry pending against the petitioner and in the said enquiry he has been exonerated and, therefore, the learned counsel for the petitioner submits that the petitioner having been exonerated in the enquiry and the transfer was pursuant to an enquiry, the petitioner should be transferred back to his posting at Gautam Budh Nagar. The petitioner has already made a representation to the aforesaid effect on 15.12.2017 before the appropriate authority, which has remained pending.
Learned counsel for the petitioner does not dispute that the petitioner holds a transferable post.
Transfer being an incidence and a condition of service, I am not inclined to interfere with the same. However, if there is any personal hardship caused by the aforesaid transfer order, it is always open for the petitioner to approach the higher authority. In the present case, the higher authority is stated to be respondent no.3. In case, the petitioner makes a representation before respondent no.3, the same shall be considered and decided by the authority concerned in accordance with law, as far as possible, within a period of two months from the date a certified copy of this order along with a fresh representation is presented before the authority concerned.
With the aforesaid direction, the writ petition stands finally disposed of.
Order Date :- 23.2.2018 SKM