Constable Shubham Kumar vs State Of U.P. Thru. Its Addl. Chief ...
2023 Latest Caselaw 14054 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 8
 

 
Case :- WRIT - A No. - 3305 of 2023
 

 
Petitioner :- Constable Shubham Kumar
 
Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Home Deptt. Civil Sectt. Lko. And 2 Others
 
Counsel for Petitioner :- Rakesh Kumar Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard learned counsel appearing for the petitioner and learned Additional Chief Standing Counsel appearing for the State.

2. Present petition under Article 226 of the Constitution of India has been filed seeking quashing of the order dated 27.04.2023 whereby the petitioner has been relieved from the present place of posting to join on transferred place at Basti as per the transfer order dated 26.04.2023.

3. Sri Rakesh Kumar Singh, learned counsel appearing for the petitioner submits that as per the judgment of the Supreme Court in the case of Prakash Singh & Ors vs Union of India & Ors: (2006) 8 SCC 1 without having prior approval from the police establishment Board, the petitioner could not have been transferred from the present place of posting.

4. Ms. Deepshikha, learned Chief Standing Counsel, however, on the basis of instructions submits that the petitioner is facing departmental proceedings besides a criminal case registered at FIR No.316 of 2022 under Sections 222 and 223 IPC because an under trial prisoner has escaped from his custody. It is further stated in the written instructions before passing the impugned transfer order on 26.04.2023 an approval was taken from the Police Establishment Board on 06.04.2023.

5. Considering the aforesaid submission, the ground as urged by the learned counsel appearing for the petitioner does not survive. Even otherwise the petitioner holds a transferable post. Transfer and posting are subject matter, which are better left to the discretion of the competent authority. The Court should be slow in interfering in transfer and posting matters, which are given effect on administrative exigency.

6. With the aforesaid, the petition stands dismissed. However, dismissal of the writ petition would not preclude the competent authority from passing a fresh order inasmuch as the petitioner is facing departmental proceedings and his posting at a far off place would not be congenial for attending the departmental proceedings by the petitioner.

(Dinesh Kumar Singh, J.)

Order Date :- 3.5.2023

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