The petition seeks issuance of a writ in the nature of certiorari quashing impugned transfer order dated 13.09.2018 (Annexure - 1) passed by respondent no.3 and reliving order dated 26.12.2020 (Annexure -2) passed by respondent no.4, which are appended with the petition as Annexures - 1 & 2 respectively.
The petition also seeks issuance of a writ in the nature of mandamus directing respondents to permit the petitioner to join at transferred place i.e. Gorakhpur Zone in pursuance of transfer order dated 24.12.2020 (Annexure - 8).
Learned counsel for the petitioner has submitted that the petitioner was earlier transferred vide order dated 13.09.2018 passed by respondent no.3 from Lucknow to Intelligence Department, however, at that point of time, no relieving order was passed. It is submitted that now after more than two years vide order order 26.12.2020 passed by respondent no.4 relieving order has been passed in pursuance of transfer order dated 13.09.2018, which is contrary to the law settled.
Learned counsel has invited attention of the Court towards another transfer order dated 24.12.2020 passed by respondent no.3 whereby the petitioner has been transferred from Lucknow to Gorakhpur Zone. It is submitted that in pursuance of transfer order dated 24.12.2020, relieving order has been issued on 25.12.2020.
Learned counsel has submitted that relieving order dated 26.12.2020 has been passed in pursuance of order dated 13.09.2018 i.e. after two years, which is contrary to law. In such circumstances, the said two orders be quashed and a writ in the nature of mandamus be issued to the authority concerned to allow the petitioner to join at the place where he has been transferred in pursuance of transfer order dated 24.12.2020.
Per Contra, Shri Ranvijay Singh, learned counsel for the State has opposed the submissions made by petitioner's counsel and submitted that the petitioner has already been relieved vide order dated 26.12.2020 to join Intelligence Department as per transfer order dated 13.09.2018. The petitioner has failed to establish any case for interference in the impugned order or for issuance of any mandamus as prayed for.
I have heard learned counsel for the parties and perused the record.
It is admitted fact that on the earlier occasion, the petitioner was transferred from Lucknow to Intelligence Department vide order dated 13.09.2018 but he was not relieved for a long time and after two years, relieving order has been passed on 26.12.2020. In the interregnum period, the petitioner has again been transferred from Lucknow to Gorakhpur Zone vide order dated 24.12.2020.
It is well settled that if any employee has been transferred, he/she should be relieved within a reasonable time. However, in the case in hand, the relieving order has been passed after a considerable delay of two years, which is contrary to the law settled by Hon'ble Supreme Court as well as this Court.
In view of the forgoing discussion, the instant petition is allowed.
Order dated 13.09.2018 passed by respondent no.3/Deputy Inspector General of Police, Karmik, Police Headquarter, Lucknow and order dated 26.12.2020 passed by respondent no.4/Deputy Commissioner of Police, Lucknow are hereby quashed.
Respondents are directed to allow the petitioner to join at his transferred place in pursuance of transfer order dated 24.12.2020.
Order Date :- 22.1.2021 nishant/-