Court No. - 39
Case :- SPECIAL APPEAL DEFECTIVE No. - 120 of 2018 Appellant :- Vikas Kumar Yadav Respondent :- State Of U.P. And 6 Others Counsel for Appellant :- Sanjay Kumar Counsel for Respondent :- C.S.C.
Hon'ble Dilip Gupta,J. Hon'ble Jayant Banerji,J.
Civil Misc. Delay Condonation Application No.1 of 2018
Heard learned counsel for the parties.
In view of the averments made in the affidavit filed in support of the application under Section 5 of the Limitation Act, we are satisfied that the applicant was prevented by sufficient cause from preferring the Special Appeal within the period of limitation.
The application is, accordingly, allowed and the delay in filing the Special Appeal is condoned.
Order Date :- 27.2.2018 SK (Dilip Gupta, J.) (Jayant Banerji, J.)
Court No. - 39
Case :- SPECIAL APPEAL DEFECTIVE No. - 120 of 2018 Appellant :- Vikas Kumar Yadav Respondent :- State Of U.P. And 6 Others Counsel for Appellant :- Sanjay Kumar Counsel for Respondent :- C.S.C.
Hon'ble Dilip Gupta,J. Hon'ble Jayant Banerji,J.
This Special Appeal is directed against the judgment and order dated 29 November 2017 passed by a learned Judge of this Court by which the writ petition filed by the appellant for quashing the transfer order dated 13 November 2017 has been dismissed.
The records indicate that a decision to transfer the petitioner who is posted as Sub-Inspector (Police) from Gautam Budh Nagar to Ambedkar Nagar was taken on 7 November 2017 and since the Model Code of Conduct had come into force with effect from 27 October 2017, permission of the Election Commission was taken. This permission was granted on 11 November 2017 and thereafter the transfer order was passed on 13 November 2017.
All that has been submitted by learned counsel for the appellant is that the transfer order is actually dated 7 November 2017 and since it has been passed after the coming into force the Model Code of Conduct, it deserves to be aside for the reason that prior permission of the State Election Commission was not taken.
Learned Additional Chief Standing Counsel appearing for the respondents has, however, submitted that the transfer order is actually dated 13 November 2017 and by that time permission had already been taken from the State Election on 11 November 2017.
We have considered the submissions advanced by learned counsel for the parties.
The records indicate that only a decision to transfer the petitioner from Gautam Budh Nagar to Ambedkar Nagar had been taken on 7 November 2017. As the Model Code of Conduct had come into force on 27 October 2017, the permission of the State Election Commission was taken and it was given on 11 November 2017. It is thereafter that the transfer was passed on 13 November 2017.
The submission of learned counsel for the appellant, therefore, cannot be accepted.
There is, therefore, no infirmity in the impugned judgment which may call for interference by the Court.
The Special Appeal is, accordingly, dismissed.
Order Date :- 27.2.2018 SK (Dilip Gupta, J.) (Jayant Banerji, J.)