Jay Prakash Yadav vs State Of U.P. And 5 Others
2018 Latest Caselaw 2658 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 58
 

 
Case :- WRIT - A No. - 19996 of 2018
 

 
Petitioner :- Jay Prakash Yadav
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Rajesh Chandra Dwivedi,Ashish Kumar Dubey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ashwani Kumar Mishra,J.

Petitioner is aggrieved by an order of transfer dated 15.5.2018, whereby petitioner has been transferred from Allahabad to CBCID Lucknow. The order of transfer is challenged on the ground that the petitioner has been posted at Allahabad only 4 months back and, therefore, there is no justification to transfer him.

Learned Standing Counsel points out that the petitioner is resident of Mirzapur and Allahabad is an adjoining district. Contention is that in terms of the policy, no police personal can be posted in a District which is adjoining to his parent district. Submission is that petitioner's posting at Allahabad was in teeth of the policy and. therefore, he has been sent to Lucknow.

In the facts and circumstances of the case, this Court finds that neither the order of transfer is violating any rule nor any allegation of malafide has been levelled. In such circumstances, no interference with order of transfer is called for.

In the facts and circumstances, however, it is provided that in case petitioner joins at the transferred place forthwith, pursuant to order of transfer, it shall be open for him to make a representation in the matter for being posted anywhere else and the authority concerned shall consider the same, in terms of the transfer policy and in accordance with law, by way of a reasoned order, within a further period of two months thereafter.

With the aforesaid observations/directions, this writ petition stands disposed of.

Order Date :- 18.9.2018

n.u.