Sushil Kumar Shukla vs State Of U.P. Thru. Prin. Secy. ...
2018 Latest Caselaw 2104 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 29
 
Case :- SERVICE SINGLE No. - 22290 of 2018
 
Petitioner :- Sushil Kumar Shukla
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home And Ors.
 
Counsel for Petitioner :- Vijay Pathak,Rakesh Pathak
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard Sri Vijay Pathak, learned counsel for the petitioner and Sri Pradeep Kumar Singh, learned Additional Chief Standing Counsel for the State-respondents.

This Court was pleased to pass an order dated 06.08.2018 as under:-

"1. Heard learned counsel for the petitioner and Sri V.K.Singh, learned Additional Chief Standing counsel appearing for the State-respondents.

2. The petitioner being aggrieved with the transfer order dated 12.06.2018 by which he has been transferred on compassionate grounds from Kushi Nagar to Lucknow.

3. It is specific case of the petitioner that though the impugned transfer order indicates that the same has been passed on compassionate grounds yet the petitioner at no stretch of time has made any such request for being transferred to Lucknow and consequently, it is apparent that the impugned transfer order reflects patent non application of mind.

4. Taking in view the specific averments made in the writ petition, learned Additional Chief Standing counsel prays for and is granted a week?s time to seek instructions as to whether the petitioner has prayed for being transferred on compassionate ground from Kushi Nagar and if not then on the basis of what grounds has the impugned transfer order has been passed.

5. List this case after a week, as fresh."

In compliance of the aforesaid order, the learned Additional Chief Standing Counsel has produced the instructions dated 22.08.2018 provided by the Deputy Superintendent, Establishment for Additional Director General of Police, Establishment, U.P., Lucknow wherein it has been indicated that the transfer of the petitioner was not made on the compassionate ground. However, the impugned transfer order dated 12.06.2018 provided that the transfer of the petitioner was made on the compassionate ground. The photocopy of the instructions dated 22.08.2018 is taken on record.

List/ put up this case on 27.08.2018 as fresh.

Order Date :- 23.8.2018

Suresh/

[Rajesh Singh Chauhan,J.]