Court No. - 37
Case :- WRIT - A No. - 5884 of 2018 Petitioner :- Shyam Lal Patel Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Shree Prakash Giri Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
Supplementary-affidavit filed today is taken on record.
Heard Shree Prakash Giri, learned counsel appearing for the petitioner and learned Standing Counsel.
The petitioner has come to this Court challenging the order of transfer dated 25.7.2017 by which the petitioner has been transferred from Pratapgarh to Gorakhpur. The petitioner is a Sub Inspector(Ministerial). It is claimed that prior to the transfer order, the petitioner met with an accident on 23.3.2017 and was referred to Lucknow from Allahabad. On account of absence from service an enquiry was conducted for awarding punishment for unauthorized leave. The petitioner was exonerated and an order was passed that the petitioner be granted medical leave of 290 days and he be treated on medical leave from 23.3.2017 to 27.10.2017.
Learned counsel for the petitioner submits that the petitioner is still not suitable and fit to join the duties and, therefore, the transfer order be reviewed and either he may be allowed to stay at Pratapgarh or Allahabad. It is submitted that the petitioner has already represented the matter and ADG by letter dated 19.11.2017 has recommended the same to the IG (Establishment) Police Headquarter, Lucknow.
The writ petition is disposed of with the observations that the IG (Establishment) respondent No.3 may consider the claim of the petitioner and pass appropriate order in accordance with law within a period of two months from the date of filing of a certified copy of this order.
Order Date :- 23.2.2018 VPC