RASHID ALI (P.N.O. 852460380) v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME GOVT. OF U.P. LKO. AND 4 OTHERS
WRIA/3134/2025 · 2025-03-24
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129737 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129737 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:16691 Court No. - 18 Case :- WRIT - A No. - 3134 of 2025 Petitioner :- Rashid Ali (P.N.O. 852460380) Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Govt. Of U.P. Lko. And 4 Others Counsel for Petitioner :- Krishna Kumar Singh,Jitendra Giri Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned Standing Counsel for respondents.
Learned counsel for the petitioner is permitted to implead the Police Establishment Board, during course of day, in the array of parties. By means of present writ petition, the petitioner has sought following main relief :
"(ii) Certiorari by which quash/set-aside the transfer order no. डडीजडी-4- स्थथा०-(4382)-2024/1056 dated 28.06.2024 passed by the Additional Superintendent of Police, Establishment, Designated as Deputy Inspector General of Police, Establishment/ Personnel, U.P. Lucknow (opposite party no.4) in relation to the petitioner mentioned at Sr. No.7 by which the petitioner has been transferred from C.B.C.I.D. Head Quarter, Lucknow to Lucknow Zone and also quash the relieving order dated 04.03.2025 vide letter no. स-6-9-4/2024 passed by the Superintendent of Police, Crime Branch, Crime Investigation Department U.P., Lucknow (opposite party no.5) in compliance of aforesaid order dated 28.06.2024 which is against the peculiar circumstances of the petitioner as he is suffering from severe disease cancer and also when he is just to retire from service within about 2 years, in the interest of justice which is contained as Annexure No. 1 and 2 to the Writ Petition. "
Learned counsel for the petitioner submits that vide Annexure No.1, the petitioner has been transferred from C.B.C.I.D. Headquarter, Lucknow to Lucknow Zone and thereafter vide consequential order dated 4.3.2025, he is shown to have been relieved. It is submitted that the petitioner is ailing from serious diseases and he is not able to move, therefore, his relieving order
has not been executed as yet. The petitioner has filed his medical certificate along with the petition as Annexure-3. I is further submitted that similarly situate incumbents, namely Smt. Urmila Sharma, S.I. and Awdhesh Singh, S.I. who were earlier transferred and their relieving date fixed on 7.3.2025 , their transfer order has been cancelled and they have been retained at their present place of posting vide order dated 11.3.2025, Annexure-
5. Upon a query being made, learned Standing Counsel has fairly submitted that as per written instructions which are taken on record, the petitioner has not been relieved till date on account of his illness. Considering the peculiar facts of this case as also the admitted illness of the petitioner, due to which he could not be relieved as per written instructions submitted by learned standing counsel, it is provided that the Board shall reconsider the case of the petitioner for transfer and shall pass appropriate orders by giving adequate reasons, within one month from the date of receipt of a certified copy of this order. Till a decision is taken as directed above or for a period of one month whichever is earlier, the impugned transfer order as regards the petitioner shall remain stayed. The petition is disposed of.
Order Date :- 24.3.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench