Srikant Yadav vs State Of U.P. And Others
2011 Latest Caselaw 6119 ALL

Citation : 2011 Latest Caselaw 6119 ALL
Judgement Date : 23 November, 2011

Allahabad High Court

Srikant Yadav vs State Of U.P. And Others on 23 November, 2011

Bench: Rajes Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 67047 of 2011
 

 
Petitioner :- Srikant Yadav
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Vijay Gautam
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

The petitioner is Constable driver. He has been transferred from Ballia to Sonebhadra by the order dated 30.6.2007. The said order has not been enforced. Vide order dated 12.11.2011 the said order is being enforced and the petitioner is directed to be relieved on 14.11.2011.

The contention of the petitioner is that till today he has not been relieved. It is submitted that there is no justification for enforcing the transfer order dated 30.6.2007 after four years inasmuch as now the transfer can only be made by the Police Establishment Board. No such approval has been taken from the Board for enforcing such order. Therefore, the transfer order is wholly unjustified.

Prima facie, there is substance in the argument of learned counsel for the petitioner.

Learned Standing Counsel may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.

List thereafter.

Till the next date of listing, the operation of the order dated 12.11.2011 issued by the Superintendent of Police, Ballia shall remain stayed provided the petitioner has not yet been relieved.

Order Date :- 23.11.2011