HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - A No. - 19319 of 2011 Petitioner :- Nanhey Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- Irfan Ahmad Respondent Counsel :- C. S. C. Hon'ble V.K. Shukla,J.
Record in question reflects that in administrative exigency, petitioner has been transferred from Ghaziabad to Firozabad. Order of transfer in question had been passed against existing vacancy, by the Deputy Inspector General of Police (Establishment), U.P. Police Head Quarter, Allahabad. Said order of transfer is being sought to be implemented and the date of relieving had been fixed as 27.03.2011.At this juncture, petitioner has rushed to this Court, contending therein that his transfer be stayed for three months.
Petitioner holds transferable post and the authority who has passed the order of transfer, has got full competence to pass such order of transfer. Coupled with this, there is no violation of any statutory Rules or Regulations, as such, as for as this Court is concerned, this Court refuses to interfere with the said order of transfer dated 06.09.2010 as also with the relieving order.
Petitioner is a member of disciplined force, as such he should first comply with the transfer order, and then in case, petitioner has any legitimate grievance, he can very well represent his claim to the Deputy Inspector General of Police (Establishment), U.P. Police Head Quarter, Allahabad, then in that event the said authority would be free to take any decision, keeping in view the practical problems being faced by the petitioner as well as the dictum of Hon'ble Supreme Court as laid down in the case of S.C. Saxena vs. Union of India and others, 2006 (9) SCC page 583.
Order Date :- 4.4.2011 SRY