Court No. - 29
Case :- SPECIAL APPEAL No. - 279 of 2019 Appellant :- Inspector Civil Police Mahendra Kumar Respondent :- State Of U.P. And 4 Others Counsel for Appellant :- A.K.S.Parihar,Birendra Singh Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Saumitra Dayal Singh,J.
Heard Sri Birendra Singh, learned counsel for the petitioner- appellant and learned Standing Counsel.
The writ petition filed by the petitioner-appellant against his transfer has been dismissed and thus, this appeal has been preferred.
The contention of learned counsel for the petitioner-appellant is that he is a disabled person with 75% of disability and, therefore, he should not have been transferred in view of the Government Order dated 29th March, 2018 containing guidelines that disabled persons are not liable to be transferred unless there are serious complaints or unavoidable circumstances.
The order of the Writ Court dismisses the writ petition by holding that the petitioner-appellant is holding a transferable post and an infraction of the transfer policy cannot constitute a legal ground to invoke extra-ordinary jurisdiction cannot be faulted with.
We are in full agreement with the reasoning given by the learned Single Judge but in the facts and the circumstances of the case, we dispose of the appeal with liberty to the petitioner- appellant to represent to the authority concerned in the light of the aforesaid Government Order and in case any such representation is filed the same shall be considered and decided by a speaking order most expeditiously, if possible within a period of two months.
Order Date :- 28.2.2019 Brijesh