RAJESH KUMAR SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND 3 OTHERS
WRIA/4142/2025 · 2025-04-17
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134207 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134207 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:21560 Court No. - 18 Case :- WRIT - A No. - 4142 of 2025 Petitioner :- Rajesh Kumar Shukla Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 3 Others Counsel for Petitioner :- Rishi Raj Mishra,Sachin Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. By this petition, petitioner has prayed for following relief:
"(i) issue a writ, order or direction in the nature of Certiorari quashing the impugned transfer order dated 26.06.2024, passed by the respondent No.2 the Deputy Inspector General of Police (Establishment)/Personnel, Headquarter Director General of Police, U.P. and relieving order dated 04.11.2024 passed by respondent No.4 Superintendent of Police, Economic Offences Research Organisation, U.P. Lucknow enclosed as Annexure No.1 & 2 to this writ petition. (ii) issue a writ, order or direction in the nature of Mandamus directing respondents to retain the petitioner to Economic Offences Wing, Lucknow in pursuance of the impugned transfer order."
3. Learned counsel for the petitioner submits that initially the petitioner was transferred vide order dated 26.06.2024 (Annexure No.1) from Economic Offences Wing, Lucknow to Civil Police, Lucknow. In the transfer order, it has been directed that the incumbent stands relieved within a period of ten days i.e. latest by 06.07.2024. This direction given by the Additional Superintendent of Police (Establishment) has not been followed and the petitioner has been relieved vide dated 04.11.2024. Being a member of the disciplinary force, petitioner has joined, however, the relieving order is ex facie, illegal and contrary to the direction issued in the transfer order itself. He submits that similar controversy has invited attention of this Court in Service Single No.10584 of 2017, which has been disposed of on
12.05.2017. 4. Per contra, Sri Vijay Bajpai, learned Standing Counsel has submitted that the case of the petitioner is distinguished and in this case petitioner has joined, however, he does not dispute the fact that the impugned relieving orders have been set-aside by the Court in the writ petitions on account of not relieving the petitioners within the mandatory period of ten days. 5. Perused the record. 6. Para- 525 of U.P. Police Regulations mandates the authority to relieve the incumbents within ten days from the date of their transfer.
It is admitted at bar that the police regulations have statutory force. 7. The petitioner, being a member of disciplinary force, has jointed on the transfer post and only because he complied the orders of the higher authorities, he cannot be penalized. The relieving order of the other incumbents have been rejected by the authorities themselves. 8. Accordingly, considering the fact that the impugned transfer
order dated 26.06.2024 as well as relieving order dated 04.11.2024 have been passed dehors the provisions of para 525 of U.P. Police Regulations as also the judgement in S.S. No. 10584/2017, the same cannot be sustained and accordingly set- aside.
9. The respondents shall be at liberty to pass a fresh order as per exigencies of the service, in accordance with law.
10. The writ petition is allowed accordingly.
Order Date :- 17.4.2025 Reena/- (Karunesh Singh Pawar,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench