NAFEES AKHTER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. U.P. LKO. AND 3 OTHERS
WRIA/3217/2025 · 2025-03-25
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129724 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129724 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:17153 Court No. - 18 Case :- WRIT - A No. - 3217 of 2025 Petitioner :- Nafees Akhter Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Petitioner :- Mohd. Ateeq Khan Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned Chief Standing Counsel for respondent nos.1 to 4. By this petition the petitioner has prayed for quashing of the impugned transfer
order dated 30.6.2023 as well as relieving order dated 4.7.2024 as contained in Annexure-1 and 2 to the writ petition respectively on the ground that the same are de horse the Para- 523 of Uttar Pradesh Police Regulations. Submission of learned counsel for the petitioner is that the petitioner has been transferred from District Lucknow to Kanpur vide transfer order dated
30.6.2023. It is submitted that after more than one year the petitioner has been sought to be relieved vide order dated 4.7.2024 which cannot be done and is in derogation to Para- 523 of Uttar Pradesh Police Regulations. As per para-523 of the Police Regulations, all the employees who have been transferred should be relieved by the Competent Authority within ten days.
Learned counsel for the petitioner has further referred the order of this Court dated 11.11.2016 passed in Writ Petition No.26462 (S/S) of 2016, which reads as under:-
"Heard learned counsel for 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 6.07.2016 passed in writ petition no. 15148 (SS) of 2016 which has been followed by a co-ordinate bench in writ petition no. 15961 (SS) of 2016, therefore only for this reason while granting liberty to the respondents 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." On the basis of the aforesaid order being passed by this Court, learned counsel for the petitioner has submitted that the impugned relieving order of the petitioner is not only in violation of para-523 of the Police Regulations, but such type of exercise has been condemned by this Court in identical writ petition vide
order dated 11.11.2016 (supra). Learned Chief Standing Counsel has submitted that so far as the parity of order dated 11.11.2016 (supra) is concerned, in that matter such petitioner/ petitioners have been relieved after two years from the date of transfer, but in the present case, the petitioner has sought to be relieved after about one year, therefore, such parity may not be extended to the petitioner. So far as the provision of para-523 of the Police Regulations, is concerned, learned Chief Standing Counsel has submitted that it should be endeavour of the police authorities to relieve the police officers at the earliest in terms of para-523 of the Police Regulations, but sometimes due to administrative exigencies those
persons could not be relieved with promptness. Be that as it may, since there is statutory prescription for relieving of a police officer within a period of ten days' and this Court has condemned the delayed relieving of the police officers in various orders being passed by this Court in identical matter, therefore, the instant writ petition is disposed of finally quashing the impugned order dated 30.6.2023, so far as it relates to the petitioner, however, with liberty to the opposite parties to pass a fresh order of transfer, if exigency of service so requires, strictly in accordance with law and the transfer policy.
Order Date :- 25.3.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench