Court No. - 28
Case :- WRIT - A No. - 34995 of 2008 Petitioner :- Guru Dutt Sharma Respondent :- State Of U.P. Thru' Principal Secy. & Others Counsel for Petitioner :- Radha Kant Ojha,Alok Kumar Shukla,Ashish Kumar Ojha Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
List has been revised.
None appears to press the writ petition on behalf of the petitioner. However, learned Standing Counsel is present.
By the order dated 8.4.2008, the petitioner was transferred from the traffic police to armed police in the State of U.P. In compliance of the order passed by this Court on 15.5.2008, the petitioner has represented the matter before the respondent No.2. The said representation of the petitioner has been rejected by the order dated 10.6.2008. The petitioner has assailed the order dated 8.4.2008 passed by the respondent No.3 and orders dated 28.3.2008 and 10.6.2008 passed by the respondents No.2 and 4. The interim order was passed in favour of the petitioner on 5.8.2008. 10 years have elapsed since the transfer orders were passed. No subsequent developments have been brought in the record. This Court in the case of Sri Guru Dutt Sharma Vs. State of U.P. and others in Civil Misc. Writ Petition No.23202 of 2008 was held thus:
“Regulation 525 though held to be statutory in nature is not exhaustive. There is no bar in any regulation to make transfer from traffic police to armed police. Therefore, the transfer is not contrary to any statutory provisions and cannot be interfered with.”
In this view of the matter, due to long pendency of the writ petition, the order of transfer has become infructuous. The interim order cannot continue indefinitely.
In case the petitioner has not superannuated from service, it is open to the respondents authorities to transfer him in accordance with law.
The writ petition is dismissed.
Let a copy of this order be provided to the learned Standing Counsel for communication to the appropriate authority.
Order Date :- 21.8.2018 Ashish Tripathi