Court No. - 37
Case :- WRIT - A No. - 5164 of 2018 Petitioner :- Rajiv Panwar Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Vinod Kumar Mishra,Mohammad Fahad,Vijay Gautam Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
The petitioner is a constable and has challenged the order of transfer dated 23.6.2014 and relieving order dated 8.12.2017 on the ground that the petitioner is being relieved pursuant to an transfer order dated 23.6.2014.It is to be noted that after the transfer order dated 23.6.2014, the petitioner was sent on deputation to Trade Tax Department by order dated 15.8.2014 passed by the Police Head Quarter and after coming back from deputation after three years, the order of transfer dated 23.6.2014 is being enforced.
According to the learned counsel for the petitioner the order of transfer is being enforced after more than 3 years which is not permissible in view of the decision dated 1.12.2017 passed in Civil Misc. Writ Petition No.29076 of 2017. Learned counsel for the petitioner submits that pursuant to the aforesaid judgment a circular has already been issued by the State Government on 20.11.2017 that old transfer order cannot be given effect to as the same has rendered redundant.
Accordingly, the order of transfer dated 23.6.2014 and relieving order dated 8.12.2017 cannot be sustained and are hereby quashed with liberty to the authorities to pass a fresh order in accordance with law. The writ petition to the aforesaid extent is allowed.
Order Date :- 27.2.2018 VPC