Anand Kumar Shukla vs State Of U.P. And 3 Others
2021 Latest Caselaw 1134 ALL

Citation : 2021 Latest Caselaw 1134 ALL
Judgement Date : 19 January, 2021

Allahabad High Court

Anand Kumar Shukla vs State Of U.P. And 3 Others on 19 January, 2021

Bench: Munishwar Nath Bhandari, Rohit Ranjan Agarwal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 1231 of 2020
 

 
Appellant :- Anand Kumar Shukla
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Appellant :- Mukesh Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Munishwar Nath Bhandari,J.

Hon'ble Rohit Ranjan Agarwal,J.

Order on Exemption Application No.1 of 2020

The application seeking exemption from filing certified copy of the order of the High Court is allowed.

The defect stands cured.

Let a regular number be given to this appeal.

Order on Memo of Appeal

By this appeal, a challenge is made to the judgment dated 04.11.2020 whereby the writ petition filed by the petitioner was dismissed. The petition was filed to challenge the orders dated 26.8.2020 and 15.8.2020 asking the petitioner to join original place of posting.

It is a case where petitioner was promoted to the higher post vide order dated 20.12.2014. While the petitioner was working in the office of Head Master, an incidence took place on 20.02.2016 in which he was attacked by Gram Pradhan's son. An FIR was lodged and looking to the threat persisting at the relevant time, the application for transfer was accepted. The petitioner was given attachment to a school at other place. The order of attachment has been withdrawn vide order dated 15.8.2020 and in pursuance to it, the impugned order was passed on 26.8.2020.

Learned Single Judge did not find any ground for interference in the order not only for the reason that intervening period after the incidence is of four years and no threat or any incidence has taken place during the intervening period. It is also a fact that the tenure of Pradhan has come to an end on 13.01.2021. Thus taking into consideration overall fact and circumstances of the case, we do not find any reason to cause interference in the order passed by learned Single Judge.

The appeal accordingly fails and is dismissed.

Order Date :- 19.1.2021