Allahabad High Court
Shashikant Singh Pno.862460660 vs The State Of U.P. Thru. The Addl. Chief ... on 8 November, 2024
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:74839
Court No. - 6
Case :- WRIT - A No. - 10305 of 2024
Petitioner :- Shashikant Singh Pno.862460660
Respondent :- The State Of U.P. Thru. The Addl. Chief Secy./Prin. Secy. Home Deptt. Lko And 5 Others
Counsel for Petitioner :- Laxmi Kant Pathak,Jyotindra Prakash Pathak
Counsel for Respondent :- C.S.C.
Hon'ble Alok Mathur,J.
1. Heard Sri Jyotindra Prakash Pathak, learned counsel for the petitioner as well as learned Standing Counsel for the respondents.
2. By means of present writ petition the petitioner has challenged order dated 26.06.2024, whereby the petitioner who is working on the post of Sub Inspector in Economic Offences Wing at Lucknow and has been transferred to Lucknow Zone and he can be placed in any of the district falling in the Lucknow Zone. It is submitted that petitioner has also challenged order dated 05.11.2024 relieving him for joining at the transferred place of posting.
3. It is submitted by learned counsel for the petitioner that the impugned order of relieving is in violation of Paragraph 523 of the Police Regulations, according to which he is bound to be relieved within ten days from the passing the order of transfer. It is further submitted that petitioner is due to retire on 31.03.2026 and accordingly, less than two years remain for his retirement and he is liable to be transferred either in his home district or close to his home district.
4. There is no doubt that order of transfer of petitioner was passed on 26.06.2024, but he has been relieved only by means of order dated 04.11.2024. The petitioner is working in law enforcement agency and has been relieved as per exigencies of service, undoubtedly, as per para 523 of the Police Regulations relieving order should have been passed within ten days, but, there is no consequence, in case a Police Personnel is not relieved within the time provided.
5. In case intention of the Government was that transfer order would become bad in case petitioner is not transferred within ten days then such a provision would have been made under the Rules. It cannot be assumed that merely because Police Officer has not been relieved within ten days, his transfer order would become vitiated. The petitioner has relied upon the judgment of a coordinate Bench of this Court in the case of Sunil Kumar Pandey PNR No. 062018210 and 2 Others Vs. State of U.P. and 3 Others rendered in Writ - A No. 265 of 2024 (decided on 16.01.2024), where in similar circumstances, the Court has held that the provision is mandatory, but the Court itself in the said order did not quash either the transfer order or the relieving order, but directed the petitioner therein to join at his transferred place of posting within the time prescribed in the said judgment.
6. Accordingly, merely because the petitioner has not been relieved within ten days, would not render the transfer order illegal or arbitrary or liable to be set aside.
7. In view of above, this Court is of the view that there is no merit in the contentions of the petitioner with regard to grant of relief prayed by him that he is liable to be transferred to his home district or to a district close to his home district.
8. However, it is provided that in case petitioner joins at this transferred place of posting and submits fresh representation before the authority concerned for considering his transfer to home district or to a district close to home district, same shall be considered in the light of any guidelines or transfer policy as the case may be, and appropriate orders shall be passed thereupon expeditiously, say within two weeks from the date of submission of representation before the competent authority, in accordance with law.
9. With aforesaid directions the writ petition stands disposed of.
Order Date :- 8.11.2024
A. Verma
(Alok Mathur, J.)
