Court No. - 36
Case :- WRIT - A No. - 12806 of 2018 Petitioner :- Hari Shankar Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Udai Chandani,Amit Kumar Satsangi Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the parties.
By means of the present writ petition, the petitioner seeks to challenge the transfer order dated 4.5.2018 on the ground that the said order has been passed on some wrong information given by the department concerned.
As per the transfer order, the petitioner has been transferred from Bhadohi to Lucknow in the annual chain of transfer on completion of requisite period of posting.
Submission is that the petitioner has been transferred from Bhadohi to Sonbhadra vide order dated 29th September, 2017 and he has joined therein pursuant to the said posting. Thus, on the date of passing of the impugned transfer order i.e. 4.5.2018, the petitioner was working in District Sonbhadra.
There was, therefore, no question of petitioner having completed the requisite period of posting at the station concerned namely Bhadohi. Moreover, the petitioner is not posted at Bhadohi since after September, 2017.
Considering the said facts, it appears that there is some mistake on the part of the departmental authority which requires consideration at the level of respondent no. 3.
In view thereof, the petitioner is directed to approach the respondent no. 3 namely the Police Upadhikshak (Isthapana), U.P., Lucknow by moving a fresh application alongwith certified copy of this order within a period of two weeks from today.
In case, such an application is filed, the respondent no. 3 shall consider the grievances of the petitioner and take an appropriate decision in accordance with law.
Till such a decision is taken, the transfer order dated 4.5.2018 shall not be given effect to so as to insist the petitioner to join at Lucknow.
Subject to the above observations and directions, the writ petition is disposed of.
Order Date :- 28.5.2018 Brijesh