Ram Narayan Tiwari, Sub Inspector ... vs State Of U.P Thru. Prin. Secy. Home ...
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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 6
 

 
Case :- WRIT - A No. - 2568 of 2022
 

 
Petitioner :- Ram Narayan Tiwari, Sub Inspector (M)
 
Respondent :- State Of U.P Thru. Prin. Secy. Home Lko. And Others
 
Counsel for Petitioner :- Rajesh Kumar,Smt.Aradhana Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Suneet Kumar,J.

Heard learned counsel for the parties.

By means of this petition, the petitioner has assailed the transfer order dated 23.06.2019 passed by the Deputy Inspector General of Police, Ayodhya Region, Ayodhya transferring the petitioner from Ambedkar Nagar to Police Head Quarter, Lucknow. The petitioner has also assailed the order dated 18.04.2022 passed by the Superintendent of Police, Ambedkar Nagar relieving the petitioner for the transferred place i.e.Police Head Quarter, Lucknow pursuant to the transfer order dated 23.06.2019.

Since the transfer order has been passed on 23.06.2019 and the petitioner is being relieved after more than one year and two months, therefore, in view of the order dated 11.11.2016 passed by this Court in identical Writ Petition No.26462 (S/S) of 2016, the impugned order so far as it relates to the petitioner is quashed giving liberty to the opposite parties to pass fresh order of transfer, if exigency of service so requires, in accordance with law.

For the brevity, the order dated 11.11.2016 passed in Writ Petition No.26462 (S/S) of 2016 is being reproduced herein below:-

"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."

In view of the aforesaid terms, the writ petition is disposed of finally.

Order Date :- 5.5.2022

Reena/-