Court No. - 58
Case :- WRIT - A No. - 20207 of 2018 Petitioner :- Nagmendra Singh Lamba Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vijay Gautam,Devesh Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner has been transferred from Bijnor to PAC headquarter at Lucknow on 18.7.2016. Petitioner, however, has been relieved pursuant to such order dated 7.9.2018. The relieving order is challenged on the ground that after lapse of nearly two years, the exigency requiring passing of transfer order itself would have changed and that those considerations would not be valid on the date of relieving of the petitioner.
Learned counsel for the parties do not dispute that facts of the present petition are identical to one occurring in Service Single No.10584 of 2017, which has been disposed of on 12.5.2017. The order dated 12.5.2017 is extracted hereinbelow:-
"Heard learned Counsel for petitioners and the learned Standing Counsel.
Petitioners have challenged the impugned relieving order dated 23.04.2017 passed by the Senior Superintendent of Police, Hardoi (opposite party no.4) in pursuance to the transfer order passed on 09.07.2014.
It has been submitted by learned Counsel for petitioners that petitioners were transferred in the years 2014 and 2015 and now after lapse of 2-3 years, the aforesaid impugned relieving order has been passed by opposite party no.4.
Learned Standing Counsel, on the basis of the instructions, has admitted that definitely, the impugned reliving order has been passed too late and, therefore, fresh orders will be passed with respect to the petitioners and other persons who have not join their services in pursuance to the transfer order passed in the years 2014 and 2015.
Admittedly, there is a considerable long delay in passing the impugned and no cogent and justifiable reasons have been given for not acting upon the transfer order immediately when they were passed. Therefore, the impugned order passed in respect of petitioners is legally not sustainable and the same is hereby quashed.
It is open for the opposite parties to transfer the petitioners, if exigency of service so requires, in accordance with law.
With the aforesaid observations/directions, the writ petition is disposed of finally."
Since the issue involved in the present matter is identical, the present writ petition is also disposed of on the same terms.
Order Date :- 19.9.2018 n.u.