Divesh Kumar Sharma vs Union Of India Thru' Secy. Rly. & ...
2012 Latest Caselaw 5322 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- WRIT - A No. - 54741 of 2012
 

 
Petitioner :- Divesh Kumar Sharma
 
Respondent :- Union Of India Thru' Secy. Rly. & Another
 
Petitioner Counsel :- Yogesh Kumar Singh
 
Respondent Counsel :- Vivek Singh
 

 
Hon'ble Rajes Kumar,J.

The contention of the petitioner is that by the order dated 20/21.1.2011 he has been posted as Inspector at Mau, Varanasi Mandal. By the impugned transfer order dated 28.9.2012 he has been transferred from Mau to Varanasi.

A supplementary affidavit filed today annexing the copy of the standing order issued by the Railway Board which provides that the tenure of the Inspector working at post is three years extendable by one year. Clause (7) provides procedure for premature transfer. Sub-clause (a) provides that if a premature transfer is considered necessary, due to any reason, prior approval of Director General/RPF should be obtained.

The submission of the learned counsel of the petitioner is that prior approval of the Director General/RPF has not been obtained. This fact has been stated in paragraph-6 of the supplementary affidavit.

Sri Vivek Singh, Advocate, appears on behalf of the Union of India, may seek instruction.

Put up on 31.10.2012 as fresh. In case if the petitioner has not already been relieved, the transfer order shall be kept in abeyance till the next date.

Order Date :- 19.10.2012

OP