Constable Driver (Cdr) Personnel No. - ... vs State Of U.P Thru. Addl. Chief Secy. ...
2024 Latest Caselaw 6420 ALL

Allahabad High Court

Constable Driver (Cdr) Personnel No. - ... vs State Of U.P Thru. Addl. Chief Secy. ... on 4 March, 2024

Author: Manish Kumar

Bench: Manish Kumar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:19666
 
Court No. - 18
 

 
Case :- WRIT - A No. - 1697 of 2024
 

 
Petitioner :- Constable Driver (Cdr) Personnel No. - 160530182 Chandraketu Singh
 
Respondent :- State Of U.P Thru. Addl. Chief Secy. Deptt. Home, Civil Secrt. Lko. And 4 Others
 
Counsel for Petitioner :- Anil Kumar Yadav,Sanjay Yadav
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Kumar,J.
 

1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties.

2. It has been submitted that vide order dated 11.10.2023, petitioner who is working on the post of Constable (Driver) was transferred. It is further submitted that petitioner has been transferred from U.P. 112 District- Ghazipur to Police Headquarter, U.P. Lucknow. It is submitted that aforesaid transfer order is still in existence but the petitioner is not being relieved in order to effect his joining at the places of transfer.

3. It is further submitted that the relieving order would be issued only after No Objection Certificate issued by the respondent no. 3/ Additional Director General of Police, P.A.C., U.P., Mahanagar, Lucknow.

4. Learned counsel for the petitioner has placed reliance upon the judgment and orders dated 16.08.2023, 09.11.2023 and 22.12.2023 passed by this court in Writ A Nos. 5292 of 2023, 8920 of 2023 and 9998 of 2023 respectively. He submits that the present case is squarely covered with the said judgments.

5. Learned State Counsel on the basis of written instructions submits that the transfer order dated 11.10.2023 is still in existence and has not been rescinded or withdrawn till date. He does not dispute the fact that the present case is squarely covered with the judgments upon which learned counsel for the petitioner has placed reliance.

6. It has further been submitted that petitioner relieving has not been afforded in view of the fact that there are considerable vacancies in P.A.C. However instructions do not indicate that the transfer order dated 11.10.2023 has been rescinded till date.

7. In view of aforesaid facts, the present writ petition is disposed of with a direction to the respondent no. 3/Additional Director General of Police, P.A.C., U.P., Mahanagar, Lucknow and respondent no.5 to ensure relieving of petitioner's in order to enable petitioner's joining in pursuance of transfer order dated 11.10.2023. Such relieving shall be effected within a period of seven days from the date a certified copy of this order is produced before the concerned authority.

Order Date :- 4.3.2024

Mohd. Sharif