Case :- WRIT - A No. - 14945 of 2021 Petitioner :- Dinesh Kumar Mittal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hari Narayan Singh,Vibhu Rai Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and Sri Birendra Pratap Singh, learned Standing Counsel for the respondents.
An order of transfer has been passed on 07.05.2018, which is being given effect to by passing relieving order dated 24.09.2021.
Learned Standing Counsel on instruction states that no person has been transferred on the post which was held by the petitioner due to which, petitioner is being relieved.
Be that as it may, in the present case, the transfer order has been passed on 07.05.2018 and relieving order has been passed after about more than 3 years on 24.09.2021. This Court in identical controversy in Service Single No.10584 of 2017 has disposed off the writ petition by judgement dated 12.5.2017. The order dated 12.5.2017 is extracted herein below:-
"Heard learned Counsel for petitioners and the learned Standing Counsel.
Petitioners have challenged the impugned relieving order dated 23.04.2017 passed by the Senior Superintendent of Police, Hardoi (opposite party no.4) in pursuance to the transfer order passed on 09.07.2014.
It has been submitted by learned Counsel for petitioners that petitioners were transferred in the years 2014 and 2015 and now after lapse of 2-3 years, the aforesaid impugned relieving order has been passed by opposite party no.4.
Learned Standing Counsel, on the basis of the instructions, has admitted that definitely, the impugned reliving order has been passed too late and, therefore, fresh orders will be passed with respect to the petitioners and other persons who have not join their services in pursuance to the transfer order passed in the years 2014 and 2015.
Admittedly, there is a considerable long delay in passing the impugned and no cogent and justifiable reasons have been given for not acting upon the transfer order immediately when they were passed. Therefore, the impugned order passed in respect of petitioners is legally not sustainable and the same is hereby quashed.
service so requires, in accordance with law.
With the aforesaid observations/directions, the writ petition is disposed of finally."
Since the issue involved in the present matter is identical, the present writ petition is also disposed off on the same terms.
Order Date :- 17.12.2021 Sattyarth