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H.c. Sumit Kumar Pandey v. State Of U.p. Thru. Prin. Secy. Deptt. Of Home U.p. Lko. And 2 Others

H.c. Sumit Kumar Pandey v. State Of U.p. Thru. Prin. Secy. Deptt. Of Home U.p. Lko. And 2 Others

(High Court Of Judicature At Allahabad, Lucknow Bench)

WRIT - A No. - 4817 of 2024 | 26-06-2024

1. Heard Mr. Anupam Shukla, learned Counsel for the petitioners and learned State Counsel for the opposite parties.

2. The transfer order was passed on 13.09.2023. Now, after more than eight months the petitioners are sought to be relieved by the order dated 12.06.2024.

3. This Court has already considered this issue in the Writ Petition No. 26462 (S/S) of 2016 which has been decided on 11.11.2016 in the following terms:-

"Heard learned Counsel for the parties.

All the writ petitions have been clubbed together as the issue involved in these petitions is the same as to whether the authority was justified in relieving the petitioners after two years of the transfer order having been passed. The transfer order in all cases were passed in the year 2014, inspite of it, on account of administrative exigencies, the need for adequate number of personnel at Lucknow, which is the State capital, they could not be relieved. Normally considering the lapse of time the appropriate course for the respondents was to re-consider the matter and pass a fresh order of transfer as has been held by this Court in the judgment dated 06.07.2016 passed in writ petition no. 15148 (S/S) of 2016 which has been followed by a co-ordinate bench in writ petition no. 15961 (S/S) of 2016, therefore only for this reason while granting liberty to the respondent to have a fresh look at the matter and pass a fresh order expeditiously say within a period of 2 weeks, the impugned orders are hereby quashed.

All the writ petitions stand disposed of in the aforesaid terms."

4. Learned State Counsel was unable to demonstrate any distinction between the petitioner's case and that of Writ Petition No. 26462 (S/S) of 2016, as also in the case of SI Surendra Kumar Dwivedi and others Vs. State of U.P. and others, Writ Petition No. 31879 (S/S) of 2018.

5. Accordingly on the same analogy this writ petition is also disposed of quashing the impugned order so far as relates to petitioners, however, with liberty to the opposite parties to pass a fresh order of transfer, if exigency of service so requires, in accordance with law. 

Advocate List
  • Anupam Shukla,Jay Vardhan Shukla

  • C.S.C.

Bench
  • Hon'ble Mr. Justice Manish Mathur
Eq Citations
  • 2024/AHC-LKO/44244
  • LQ/AllHC/2024/4975
Head Note