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2025 DAILYLAW 130029 (ALL)

ANAND MISHRA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO AND 3 OTHERS

WRIA/3298/2025 · 2025-03-26

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17340 Court No. - 18 Case :- WRIT - A No. - 3298 of 2025 Petitioner :- Anand Mishra Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And 3 Others Counsel for Petitioner :- M.P. Raju Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and Ms. Deepshika, learned Chief Standing counsel for respondent nos. 1 to 4. The petition has been filed with the following main prayer:- "it is most respectfully prayed that this Hon'ble Court may graciously be pleased to issue a writ, order or direction in the nature of Certiorari quashing the impugned relieving order dated 04.02.2025 passed by opposite party No. 4 and order dated 9.01.2025 passed by opposite party No. 3 and transfer order dated 25.06.2024 passed by opposite party No. 2 so far as it relates to the petitioner as contained in Annexure No. 1, 2 & 3 to this writ petition." Learned counsel for the petitioner submits that, vide impugned order dated 25.06.2024 (Annexure No. 3), the petitioner was transferred from Naka C.B.C.I.D., Lucknow, to Lucknow Range. Subsequently, vide order dated 09.01.2025, the petitioner was relieved at the transfer place with effect from 10.01.2025. The petitioner's counsel argues that the relieving order has been issued in utter violation of Paragraph 523 of the Police Regulations, which are binding in nature. Opposing this contention, the learned Chief Standing Counsel (CSC) submits that the petitioner has been posted in District Lucknow for the past 28 years and thus, the transfer and relieving orders were issued. However, the CSC does not dispute the fact that the provisions of Paragraph 523 of the Police Regulations have not been followed while passing the impugned orders. Perused the record. Taking into account the similar orders passed in Service Single No. 2894 of 2020, Vimal Kumar Yadav vs. State of U.P. & Others, as well as Writ A No. 5181/2024, Jitendra Singh vs. State of U.P. & Others, and considering the provisions of Paragraph 523 of the Police Regulations, the impugned orders, so far as they relate to the petitioner, are hereby set aside. However, in light of the submissions made on behalf of the State by the Chief Standing Counsel and the fact that the petitioner has been continuously posted in District Lucknow for the last 28 years, the respondents are granted liberty to pass fresh orders in accordance with the law, if the exigencies of service so require. In view of the above, the petition is disposed of. Order Date :- 26.3.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench