Naveen Kumar Tiwari vs State Of U.P.Thru.Prin.Secy. ...
2021 Latest Caselaw 3735 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 
Case :- SERVICE SINGLE No. - 7075 of 2021
 
Petitioner :- Naveen Kumar Tiwari
 
Respondent :- State Of U.P.Thru.Prin.Secy. Home & Ors.
 
Counsel for Petitioner :- R.B.S. Rathaur
 
Counsel for Respondent :- C.S.C.
 
Hon'ble Irshad Ali,J.

1. Heard learned counsel for the petitioner and learned State Counsel for the opposite parties.

2. The transfer order was passed on 08.07.2020. Now, after more than seven months the petitioner is sought to be relieved by the order dated 18.02.2021.

3. This Court has already considered this issue in Writ Petition No. 26462(S/S) of 2016, which has been decided on 11.11.2016 in the following terms:-

"Heard learned counsel for parties.

All the writ petitions have been clubbed together as the issue involved in these petitions is the same as to whether the authority was justified in relieving the petitioners after two years of the transfer order having been passed. The transfer order in all cases were passed in the year 2014, inspite of it, on account of administrative exigencies, the need for adequate number of personnel at Lucknow, which is the State capital, they could not be relieved.Normally considering the lapse of time the appropriate course for the respondents was to re-consider the matter and pass a fresh order of transfer as has been held by this Court in the judgment dated 6.07.2016 passed in writ petition no. 15148 (SS) of 2016 which has been followed by a co-ordinate bench in writ petition no. 15961 (SS) of 2016, therefore only for this reason while granting liberty to the respondents to have a fresh look at the matter and pass a fresh order expeditiously say within a period of 2 weeks, the impugned orders are hereby quashed.

All the writ petitions stand disposed of in the aforesaid terms."

4. Learned Additional Chief Standing Counsel could not dispute the aforesaid position. However, he submitted that the A.D.G. Establishment has been apprised about the aforesaid.

5. Accordingly on the same analogy this writ petition is also disposed of quashing the impugned orders dated 08.07.2020 and 18.02.2021 so far as it relates to the petitioner - Naveen Kumar Tiwari (P.N.O. No.972633510), however, with liberty to the opposite parties to pass a fresh order of transfer, if exigency of service so requires, in accordance with law.

Order Date :- 16.3.2021

Adarsh K Singh