SADDAM KHAN SUB - INSPECTOR v. STATE OF U.P. AND 2 OTHERS
WRIA/1050/2025 · 2025-01-27
Prakash Padia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10208 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10208 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:13801 Court No. - 7 Case :- WRIT - A No. - 1050 of 2025 Petitioner :- Saddam Khan Sub - Inspector Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kailash Prakash Pandey Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
2. The petitioner has preferred present writ petition inter-alia with the following prayers :-
"a) Issue, a writ order or direction, in the nature of certiorari, for quashing the impugned transfer orders dated 20.08.2024 passed by the Respondent No.2 the DIG, Establishment/Karmik Uttar Pradesh Lucknow and consequential order dated 19.10.2024 & 21.12.2024 passed by the respondent no.3 the Additional Police Commissioner Crime/Headquarter, Kanpur Nagar enclosed as Annexure-1&2, to the writ petition. (b) Issue, a writ order or direction, in the nature of Mandamus, directing Respondents to allow the petitioner to discharge his duty at District Kanpur Nagar."
3. The petitioner was transferred vide order dated 20.08.2024 but at that time transfer order has not been given effect. Later on vide order dated 19.10.2024 and 21.10.2024 has been passed for implementation of the transfer order dated
20.08.2024. He lastly submitted that no reason has been explained as to why earlier transfer order has not given immediate effect.
4. Learned counsel for the parties do not dispute that facts of the present petition are identical to one occurring in Service Single No.10584 of 2017, which has been
disposed of on 12.5.2017. The order dated 12.5.2017 is extracted herein below:-
"Heard learned Counsel for petitioners and the learned Standing Counsel. Petitioners have challenged the impugned relieving order dated 23.04.2017 passed by the Senior Superintendent of Police, Hardoi (opposite party no.4) in pursuance to
the transfer order passed on 09.07.2014. It has been submitted by learned Counsel for petitioners that petitioners were transferred in the years 2014 and 2015 and now after lapse of 2-3 years, the aforesaid impugned relieving order has been passed by opposite party no.4. Learned Standing Counsel, on the basis of the instructions, has admitted that definitely, the impugned reliving order has been passed too late and, therefore, fresh orders will be passed with respect to the petitioners and other persons who have not join their services in pursuance to the transfer order passed in the years 2014 and
2015. Admittedly, there is a considerable long delay in passing the impugned and no cogent and justifiable reasons have been given for not acting upon the transfer order immediately when they were passed. Therefore, the impugned order passed in respect of petitioners is legally not sustainable and the same is hereby quashed. It is open for the opposite parties to transfer the petitioners, if exigency of service so requires, in accordance with law. With the aforesaid observations/directions, the writ petition is disposed of finally."
5. Since the issue involved in the present matter is identical, the present writ petition is also disposed of on the same terms.
Order Date :- 27.1.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad