Court No. - 28
Case :- WRIT - A No. - 22488 of 2018 Petitioner :- Girish Chandra Rai Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Kumar Rai Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
(Oral)
1. Heard learned counsel for petitioner and learned standing counsel who appears on behalf of State-respondents.
2. Learned counsel for the petitioner submits that this Court had on an earlier occasion in Writ - A No. 32655 of 2018 (Ashok Kumar Singh Vs. State of U.P. and others) issued directions in a similar matter to the effect that in case a person renders five years of service in LIU or Intelligence Department his case for transfer to Civil Police can be considered. The petitioner has rendered five years of service in Intelligence Department. He completed his tenure in July, 2016 itself and when his case was not being considered, he filed Writ Petition No. 8682 of 2018: Girish Chanra Rai Vs. State of U.P. and others which was disposed off on 27.03.2018 with the direction for the petitioner to approach the respondent No. 2 within two weeks and the respondent No. 2 was directed to consider the petitioner's grievance and pass appropriate orders in the light of the law laid down by this Court in Ashok Kumar Mishra within a period of three months from the date of presentation of such representation.
3. The case of the petitioner was reconsidered in compliance of the order dated 27.03.2018 but it has been again rejected on the ground that there is a paucity personnel in the Intelligence Department. As and when new employees arrive to substitute the petitioner, his case will be considered on the basis of seniority for transfer to Civil Police.
4. Learned counsel for petitioner submits that now 34 new Sub Inspectors have been transferred from Civil Police to Intelligence Unit on 13.09.2018 and therefore, the order dated 25.06.2018 needs to be reconsidered by the authorities.
5. This writ petition is disposed off without entering into the merits of the controversy with a direction to the respondent No.
2 to look into the grievance of the petitioner and pass an order afresh taking into account the fact that new employees have now joined the department. The petitioner shall make a representation along with details of his seniority etc. along with a certified copy of this order before the respondent No. 2 within a period of two weeks from today and the respondent No. 2 shall consider and pass appropriate orders within a period of six weeks thereafter.
Order Date :- 27.10.2018 LBY