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2025 DAILYLAW 116298 (ALL)

ARCHANA DEVI (LADY CONSTABLE PNO NO. 162464320) v. THE STATE OF U.P. THRU. THE ADDL. CHIEF SECY. HOMES AND 4 OTHERS

WRIA/366/2025 · 2025-01-15

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2378 Court No. - 6 Case :- WRIT - A No. - 366 of 2025 Petitioner :- Archana Devi (Lady Constable Pno No. 162464320) Respondent :- The State Of U.P. Thru. The Addl. Chief Secy. Homes And 4 Others Counsel for Petitioner :- Ankit Singh Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Ankit Singh, learned counsel for petitioner as well as learned Standing Counsel for respondents. 2. It has been submitted by learned counsel for petitioner that the petitioner is working as Women Constable in the U.P. Police and was transferred by means of order dated 01.09.2022 to the Women and Child Security Organization, Lucknow for a period of six month. On completion of the period of attachment by means of order dated 29.08.2023, the petitioner was transferred to the Women Power-Line/1090 Lucknow. 3. In pursuance of the transfer order dated 29.08.2023, the petitioner was relieved on 30.09.2023 but the petitioner did not join at the transferred place of posting. The petitioner accordingly was on unauthorized absence without seeking any leave nor any such leave was granted and accordingly by means of letter dated 22.11.2023 which was sent by the respondents, the petitioner was directed to join within three days, failing which disciplinary proceedings will be initiated against her. 4. It is stated that despite the letter dated 22.11.2023 the petitioner did not join and accordingly by means of impugned order dated 12.06.2024 disciplinary proceedings have been initiated against the petitioner and she has been placed under suspension. Learned counsel for petitioner submits that the petitioner was suffering from certain medical issues due to which she could not join. 5. There is no dispute that subsequent to the order of transfer, the petitioner has not joined at the transferred place of posting nor has any leave been sanctioned to the petitioner. In the aforesaid circumstances, this Court does not find any infirmity in the impugned order dated 12.06.2024, the petitioner has prayed that respondents be directed to release the salary of the petitioner. 7. Learned Standing Counsel on the other hand has submitted that after being relieved from Women Child Security Organization on 30.08.2023, the petitioner has not joined at the transferred place of posting and therefore unless and until the petitioner joins at the transferred place of posting her salary and other admissible dues cannot be paid. 8. At this stage, learned counsel for petitioner submits that petitioner may be permitted to join at the transferred place of posting within next 7 days in accordance with law and also be permitted to move an appropriate application for release of her admissible dues of salary and other service benefits and confines her relief for payment of the salary and other admissible service dues. 9. In light of the above, the writ petition is disposed of with a direction to the petitioner to join at the transferred place of posting within next 7 days and in case the petitioner joins within next 7 days, she is further given a liberty to move an appropriate application to respondent No. 5 for payment of her salary and other service dues to which she is entitled. 10. Let the said representation be made within one week of her joining which shall be duly considered and decided by respondent No. 5 within next four weeks and in case the petitioner is entitled for being given the admissible dues, the same shall be paid to her with expedition . 11. With regard to disciplinary proceedings, according to the petitioner, the charge-sheet has not been given and accordingly she cannot be kept under suspension indefinitely. Accordingly, the case for expeditious disposal of disciplinary proceedings is made out. Let the respondents conclude the disciplinary proceedings expeditiously, say, within a period of next four months from the date a certified copy of this order is produced before the competent authority. 12. Petitioner undertakes to participate in the disciplinary proceedings. 13. With the aforesaid observations / directions, the writ petition stands disposed of. (Alok Mathur, J.) Order Date :- 15.1.2025/Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench