Court No. - 89
Case :- WRIT - A No. - 6200 of 2021 Petitioner :- Saurabh Kumar Tiwari And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Rajeev Misra,J.
Heard Mr. A.K. Pandey, learned counsel for petitioners and Mr. Vikaram Bahadur, Yadav, learned Standing Counsel along with Sharad Chand Upadhyay, learned Brief Holder for respondents.
This writ petition under Article 226 of Constitution of India has been filed challenging impugned transfer order dated 29.4.2021, passed by respondent-2, transferring petitioners from District Kaushambi to District Agra.
Mr. A.K. Pandey, learned counsel for petitioners submits that in view of Pandemic Covid-19, State Government took policy decision by way of circular dated 12.5.2020, whereby it was provided that no transfers be made during session 2020-2021. He therefore contends that no such decision has been taken by State Government for session 2021-2022 even though the Pandemic Covid-19 is continuing with full surge. It is thus submitted that this court in exercise of its jurisdiction under Article 226 of Constitution of India can take into consideration above noted fact. It is next contended that petitioners have been transferred outside the zone, which is not permissible in law.
Per contra, learned Standing Counsel assisted by learned brief holder, appearing for respondents have opposed this petition. He contends that transfer order can be challenged be challenged only on the grounds of malafide or being violative of statutory Rules. None of the submissions urged by learned counsel for petitioners are cogent enough to quash the impugned transfer order. He therefore contends that matter does not require any interference by this court.
Having heard learned counsel for petitioners, learned Standing Counsel along with brief holder for respondents and upon perusal of records, this Court does not find any good ground to interfere with the impugned transfer order.
However, considering the fact that petitioners are Police personnel and have been transferred from District Kaushambi to District Agra, It is hereby provided that in case petitioners move a representation regarding their grievances against transfer order before competent authority, same shall be disposed of by a reasoned and speaking order, taking into consideration the exigencies arising out of Pandemic Covid-19 within a period of one month from the date of production of certified/computer generated copy of this order.
With the aforesaid direction, writ petition is finally disposed of.
Order Date :- 31.5.2021/Arshad Digitally signed by Justice Rajeev Misra Date: 2021.05.31 15:28:24 IST Reason: Document Owner Location: High Court of Judicature at Allahabad