Heard Sri Rishi Raj, learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.
By means of this writ petition, the petitioner has assailed the transfer order dated 27.11.2019 passed on behalf of the Additional Director General of Police (Establishment), Police Headquarter, U.P., Lucknow transferring the petitioner from Security Wing, Lucknow to P.A.C. Headquarter, Lucknow.
In compliance of the aforesaid transfer order dated 27.11.2019, the Superintendent of Police, P.A.C. Headquarter, U.P., Lucknow transferred the petitioner from Lucknow to 43 Battalion, P.A.C., Etah vide order dated 04.12.2019.
The submission of learned counsel for the petitioner is that the aforesaid transfer order has been passed in a public interest whereas the transfer policy categorically mandates that the mid session transfer should be avoided in public interest, however, such transfer can be made on account of administrative reasons. The present transfer order has been passed in a public interest.
Further contention of learned counsel for the petitioner is that since the children of the petitioner are studying at Lucknow, as a specific recital to that effect has been given in para-7 of the writ petition, therefore, if the petitioner is transferred from Lucknow to Etah in the mid educational session, the study of the children shall be effected adversely.
Learned counsel for the petitioner has submitted that pursuant to the transfer order dated 04.12.2019, the petitioner has submitted his joining at 43 Battalion, P.A.C., Etah on 11.12.2019.
It appears that the aforesaid grievance of the petitioner may very well be considered by the appropriate authority, therefore, the instant writ petition is being disposed of finally at the admission stage permitting the petitioner to prefer a fresh representation to the Competent Authority i.e. the Additional Director General of Police (Establishment), U.P. Police Headquarter, Lucknow (opposite party No.3) within a period of one week from today taking all pleas and grounds which are available with him enclosing therewith copy of the relevant documents in support of his claim including the educational documents of his children along with transfer policy and if such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and decide the same with expedition preferably within a period of one month from the date of presentation of a certified copy of this order along with representation and the decision thereof be communicated to the petitioner forthwith.
It is made clear that while considering the representation of the petitioner the authority concerned shall not take adverse view to the effect that the petitioner has already submitted his joining at the transferred place for the simple reason that the Hon'ble Supreme Court has held in re: S.C.Saxena vs. Union of India and others reported in (2006) 9 SCC 583 that the employee concerned should first abide by the condition of the transfer and after submitting joining at the transferred place, he may very well approach the authority concerned as this shows his sense of discipline towards the service.
In view of the aforesaid terms, the writ petition is disposed of finally.
Order Date :- 20.12.2019 Suresh/ [Rajesh Singh Chauhan,J.]