Court No. - 16
Case :- WRIT - A No. - 8682 of 2018 Petitioner :- Girish Chandra Rai Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Amit Kumar Rai Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition has been filed seeking the following reliefs:-
" Issue a writ, order or direction in the nature of mandamus commanding and directing upon the respondents for forthwith transfer the petitioner from Intelligence Department to the Civil Police of Uttar Pradesh in view of the police dated 24.10.1999 issued by the Director of General of Police, Uttar Pradesh Lucknow".
Submission is that this Court in Writ Petition No.32655 of 2016 (Ashok Kumar Mishra Vs. State of U.P. and others) has been pleased to dispose of such matters vide following orders:-
"It is true that the Government Order of 1956 has not been superseded but in the subsequent Government Order of 1999 it is clearly stipulated that after completion of five years if the police personnel wants to leave the department, his request be accepted. The same Government order fell for consideration before this Court in the case of Ranbir Singh Malik v. Inspector General of Police, Intelligence Department, Civil Misc. Writ Petition No. 45445 of 2000, decided on 23rd May, 2003, MANU/UP/1927/2003. In the said case, this Court has taken a view that a police personnel cannot be transferred to any department, other than his department, against his wishes. Paragraph-11 of the judgment reads as under:
"11. Considering the arguments of the counsel for the parties, the law and the policy decision of the Government, the retention of employee without his consent in Local Intelligence Unit on ex cadre post is arbitrary as he loses the privileges and avenues of promotion in civil police which are far better than in Local Intelligence Unit department. Since policy decision has been taken by the Government for not retaining a person on deputation beyond 5 years in Local Intelligence Unit, it would not be proper for this Court to interfere in the policy decision. The Petitioner has already put in 16 years of his service in Local Intelligence Unit. He has lost avenues of promotion and the benefits and this is a good ground for passing an order for transferring him back to civil police as transfer to Local Intelligence Unit which was without his consent."
In view of the above, the view taken by the authority concerned stands vitiated and the impugned order needs to be set aside. Accordingly, the impugned order dated 05th May, 2016 is set aside. The authorities concerned are directed to take a fresh decision in the light of the judgment within six weeks.
Accordingly, the writ petition is allowed. No order as to costs".
Learned counsel for the petitioner submits that he has completed five years and has also made an application,stating that the petitioner is no longer desirous of continuing in the Intelligence Department. This representation is still pending.
Considering the facts and circumstances, noticed above, this petition stands disposed of permitting the petitioner to approach the respondent no. 2 within two weeks from today alongwith certified copy of this order. The concerned respondent shall accord consideration to the petitioner's grievance. The claim of the petitioner shall be examined in light of the law laid down by this Court in Ashok Kumar Mishra (supra) within a period of three months from the date of presentation of certified copy of this order.
Order Date :- 27.3.2018 n.u.