Irshad Ahamad vs State Of Up And 2 Others
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Allahabad High Court

Irshad Ahamad vs State Of Up And 2 Others on 14 May, 2024

Author: Mahesh Chandra Tripathi

Bench: Mahesh Chandra Tripathi

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:86719-DB
 
Court No. - 40
 

 
Case :- SPECIAL APPEAL No. - 480 of 2024
 

 
Appellant :- Irshad Ahamad
 
Respondent :- State Of Up And 2 Others
 
Counsel for Appellant :- Kailash Prakash Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mahesh Chandra Tripathi,J.
 

Hon'ble Anish Kumar Gupta,J.

1. Heard learned counsel for the appellant-petitioner and Shri Devesh Vikram, learned Additional Chief Standing Counsel for the State-respondents.

2. Present Special Appeal under Chapter VIII Rule 5 of Allahabad High Court Rules 1952 (hereinafter referred to as the "Rules, 1952") is preferred against the judgment and order dated 23.4.2024 passed by the learned Single Judge in WRIT - A No. - 6079 of 2024 (Irshad Ahamad Head Constable Vs. State of U.P. and 2 Others) by which learned Single Judge has disposed of the writ petition with liberty to the appellant-petitioner to file a representation before the Inspector General of Police, Kanpur Range along with all the necessary documents.

3. The order impugned passed by learned Single Judge is assailed on the ground that the successive order has been passed by the learned Single Judge in the similar transfer orders wherein the Court has intervened as the transfer order had not been effectuated well within stipulated time. The Court has opined that the transfer is an exigency of service and the exigency no more survives as the relieving order is issued after much delay.

4. Learned counsel for the appellant-petitioner has placed reliance upon the order dated 23.4.2024 passed in Writ A No. 5667 of 2024 whereby in the similar facts and circumstances learned Single Judge has allowed the writ petition with detailed observations and quashed both the transfer as well as relieving orders.

5. Heard rival submissions and perused the record. In Writ-A No. 20131 of 2023, Writ-A No. 20334 of 2023 and Writ-A No. 2709 of 2024, this Court vide its orders dated 5.12.2023, 7.12.2023 and 12.3.2024, respectively, has held that long delay in passing the relieving order without any cogent and justifiable reasons is legally not sustainable and accordingly quashed both the orders of transfer as well as relieving. It is also pressed that the said direction still holds the field.

6. As the issue involved in the present writ petition is similar to the issue involved in the aforesaid writ petitions, we do not find any good ground to have a different view. Accordingly, both the transfer as well as relieving orders dated 18.6.2023 and 28.1.2024 are hereby quashed. However, since the transfer is an exigency of service, the authorities shall be at liberty to pass fresh transfer orders in accordance with law.

7. With the aforesaid observations and direction, the Special Appeal is allowed.

Order Date :- 14.5.2024

Sachin