Court No. - 6
Case :- WRIT - A No. - 12615 of 2021 Petitioner :- Mohammad Javed Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Navin Kumar Sharma,Nitin Kumar Tiwari Counsel for Respondent :- C.S.C.,Shivam Yadav
Hon'ble Pankaj Bhatia,J.
Heard counsel for the petitioner, Sri Shivam Yadav, counsel for the respondents and perused the record.
The present writ petition has been filed alleging that the request of the petitioner for transfer has been rejected on the ground that the petitioner has not completed five years of service. On this fact, even earlier similar orders were passed. Ultimately, one of the appeal was allowed vide order dated 24.1.2019 being Special Appeal Defective No. 70 of 2019.
Once this Court had taken a decision that even within five years of the posting, the request for transfer can be considered under special circumstances, the rejection of the request by means of an impugned order is wholly unjustified and there appears to be no consideration of the special circumstances as pleaded by the petitioner. Accordingly, the impugned order rejecting the request of the petitioner is set aside. The Respondent No. 2 shall pass fresh order on the request of the petitioner made through online mode by passing an order in the light of the judgment of this Court dated 24.1.2019 in Special Appeal Defective No. 70 of 2019.
Petitioner is permitted to make a physical request for transfer before the Respondent No. 2. In case, the petitioner makes such request, the Respondent No. 2 shall take a decision as directed above within a period of four weeks from the date of filing of an application and a copy of this order.
The writ petition stands disposed off in terms of the said order.
Copy of the order downloaded from the official website of this Court shall be treated as certified copy of the order.
Order Date :- 23.9.2021 vinay