Court No. - 28
Case :- WRIT - A No. - 43916 of 2008 Petitioner :- Lal Chand Gupta Respondent :- State Of U.P. & Others Counsel for Petitioner :- Dharmendra Singh,Santosh Kumar Arya Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
List has been revised.
Name of the counsels for the petitioner is shown in the cause list. None appears to press the writ petition on behalf of the petitioner. However, learned Standing Counsel is present.
By the order assailed in the writ petition dated 13.08.2008, the petitioner was transferred from Devaria Sadar. However, the order dated 13.8.2008 does not disclose the place where the petitioner was suppose to join. No counter affidavit has been filed despite orders passed by this Court. 10 years have elapsed since the order of transfer was passed. An interim order was passed by this Court on 26.8.2008. The transfer order is unsustainable, inasmuch as, it does not disclose the place where the petitioner was supposed to join. Further, no counter affidavit has been filed indicating the new place of posting of the petitioner. The order dated 13.8.2008 is unsustainable.
The impugned order dated 13.8.2008 passed by the respondent No.3 (Annexure No.1 to the writ petition) is quashed.
The writ petition is allowed.
It is open to the respondents authorities to transfer the petitioner to any other place in accordance with law.
Order Date :- 21.8.2018 Ashish Tripathi