Court No. - 36
Case :- WRIT - A No. - 6160 of 2021 Petitioner :- Chandresh Upadhyay Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pandey Balkrishna,Kailash Prakash Pandey Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Devesh Vikram, learned Standing Counsel.
Present writ petition has been preferred assailing the validity of the impugned transfer order dated 13.1.2021 communicated vide order dated 17.1.2021 issued by respondent no.3 by which the petitioner working as Sub Inspector has been transferred from District Prayagraj to Chitrakoot Region, Distt. Banda after completing prescribed period; further assailing the order dated 12.4.2021 by which his representation against the transfer has been rejected and for a direction to respondents not to transfer/ relieve the petitioner.
Learned Standing Counsel on the other hand has submitted that the petitioner has earlier approached this Court against the transfer order by way of Writ-A No.4837 of 2021 (Chandresh Upadhyay Sub Inspector v. State of U.P. & Ors.), which was disposed of on 19.3.2021 directing the respondents to decide the representation of the petitioner. In response to the aforesaid order, the representation of the petitioner has been considered and rejected vide order dated 12.4.2021. As such it is submitted that no interference is required in the matter.
The Court has proceeded to examine the record in question and find that once in compliance of the order of this Court dated 19.3.2021 the respondents have non- suited the claim of the petitioner, this Court is not inclined to interfere in the matter in view of the dictum of Hon'ble Apex Court in the cases of Mrs. Shilpi Bose and others Vs. State of Bihar and others 1995 (71) FLR 1011 (SC); State of U.P. Vs. Gobardhan Lal AIR (2004) SC 2165; Union of India and others Vs. Janardhan Debanath and another (2004) 4 SCC 245 and S.C. Saxena Vs. Union of India and others (2006) 9 SCC, page 583.
In view of above, the writ petition sans merit and is accordingly dismissed. Order Date :- 20.5.2021 SP/ Digitally signed by Justice Mahesh Chandra Tripathi Date: 2021.05.21 09:58:01 IST Reason: Document Owner Location: High Court of Judicature at Allahabad