Court No. - 30
Case :- WRIT - A No. - 13159 of 2019 Petitioner :- Sachin Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Atipriya Gautam,Vijay Gautam(Senior Adv.),Vinod Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard Sri Vijay Gautam, learned Senior Counsel assisted by Sri Devesh Mishra, learned counsel for the petitioner and Sri Sharad Kumar Upadhyay, learned brief holder appearing for the State respondents.
Present petition has been filed for quashing the order dated 5.8.2019 passed by the respondent no. 3 and consequential relieving order dated 10.8.2019 passed by the respondent no. 5.
Submission of learned counsel for the petitioner is that the transfer order has been passed by way of punishment. He submitted that some allegations were levelled against the petitioner including several other persons that gambling was taking place within their jurisdiction and for the incident dated 5/6.6.2019 the petitioner was placed under suspension along with other persons. A preliminary inquiry was conducted and a preliminary report was submitted by the Circle Officer, Kotwali, Kanpur Nagar that the beet was allotted to the petitioner just one day before the incident on 4.6.2019. On this ground his suspension was revoked vide order dated 3.7.2019 and ultimately the order dated 25.7.2019 was passed by the Senior Superintendent of Police, Kanpur Nagar, whereby it was provided that the petitioner shall be entitled for arrears for salary and other benefits for the suspension period from 8.6.2019 to 3.7.2019. He submits that still the transfer order has been passed which is clearly by way of punishment. Submission, therefore, is that in view of the categorical finding that the petitioner was not at all found indulging in any indiscipline or misconduct this order order has been passed by way of punishment.
Learned Standing Counsel submits that the transfer order has been passed on administrative grounds and warrants no interference.
Considering the facts and circumstances of the case, present petition stands disposed of with liberty to the petitioner to file a representation within a period of ten days from today before the respondent no. 3-Inspector General of Police, Kanpur Zone, Kanpur Nagar, who shall consider and decide the same on its own merits preferably within a period of six weeks thereafter.
However, in the facts and circumstances of the case it is provided that till the disposal of the representation or for a period of two months, whichever is earlier, the impugned order dated 5.8.2019, insofar as the petitioner-Sachin Kumar is concerned, shall remained stayed.
With the aforesaid observations, present petition stands disposed of.
Order Date :- 22.8.2019 Lalit Shukla