The Single Bench of Justice J J Munir of Allahabad High Court has held that enforcement of a transfer order after a lapse of about seven years is illegal.
The Allahabad High Court while dealing with a plea filed by one Sanjeev Kumar has observed that,
“A transfer is an exigency of service, which has to be made by the employer on the circumstances of the service at a given point of time. Here, the transfer order was passed in the year 2014, and is now sought to be enforced after a lapse of about seven years, which is prima facie illegal.”
As per the order dated 25 March, 2021, the petitioner has been directed to join at District Saharanpur from District Shamli, in compliance with an order of transfer dated 23rd June, 2014.
The Counsel on behalf of Petitioner has submitted before the court that there is absolutely no relevance to enforce a transfer order passed way back in the year 2014 in the year 2021.
The Counsel on behalf of the Respondent/State has been granted time period of four weeks by the court to file counter affidavit.
The Court has further ordered that,
“Until further orders of this Court, operation of the impugned transfer order dated 23.06.2014 and the consequential order dated 25.03.2021 passed by the Deputy Inspector General of Police, Shamli Range, Shamli and the Superintendent of Police, Shamli respectively, shall remain suspended, and the petitioner shall not be relieved in compliance with the order dated 25.03.2021 or compelled to join at Saharanpur. He will be paid his salary regularly.”
However, the Court has granted liberty to the State/Respondent to pass a fresh order of transfer, according to the prevalent policy and the cadre position.
Case details:
Case: - WRIT - A No. - 5770 of 2021
Petitioner: - Sanjeev Kumar
Respondent: - State Of U.P. And 2 Others
Counsel for Petitioner :- Irfan Ahmad Malik
Counsel for Respondent :- C.S.C.
Judge: Justice J.J. Munir
Read order:-
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