Devendra Prasad Gupta vs State Of U.P. And Others
2011 Latest Caselaw 5355 ALL

Citation : 2011 Latest Caselaw 5355 ALL
Judgement Date : 20 October, 2011

Allahabad High Court

Devendra Prasad Gupta vs State Of U.P. And Others on 20 October, 2011

Bench: Rajes Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 61252 of 2011
 

 
Petitioner :- Devendra Prasad Gupta
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- L.M. Singh,P.N. Saxena
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

The petitioner is posted as Junior Engineer in the office of the Bhumi Sanrakshan Adhikari, Phoolpur, Allahabad. By the order dated 27.6.2008 he has been transferred to Fatehpur. However, the petitioner has not been relieved. Now by the impugned order dated 26.9.2011 the petitioner has been relieved in pursuance of the transfer order dated 27.6.2008.

Learned counsel for the petitioner submitted that the impugned order is being passed to adjust one Sri Ajay Maurya at Allahabad. He submitted that the transfer order has become nonest in case if it is not implemented within the reasonable time. The said order cannot be enforced after the expiry of three years. In support of the contention he relied upon the decisions of this Court in the case of V.P. Singh Vs. State of U.P. and others, reported in (1992) 1 UPLBEC-730, the order of the learned Single Judge in Civil Misc. Writ Petition No. 4344 of 2010, Ram Prasad Rajvanshi Vs. State of U.P. and others, dated 30.6.2010, Civil Misc. Writ Petition No. 4259 of 2010, Azazuddin Vs. State of U.P. and others, dated 25.6.2010 and Civil Misc. Writ Petition No. 4309 of 2010, Shyam Vrat Singh Vs. State of U.P. and others, dated 29.6.2010.

The submission of the learned counsel for the petitioner has substance and requires consideration.

Learned Standing Counsel prays for and is granted four weeks time to file counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter.

List thereafter.

Till the next date of listing, the operation of the order dated 26.9.2011 shall remain stayed. However, it is open to the competent authority to pass a fresh transfer order in accordance to law.

Order Date :- 20.10.2011