PNO - 980590081 , HARI OM SINGH NAUHWAR AND 7 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 7 OTHERS
WRIA/4251/2025 · 2025-05-09
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134543 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134543 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:27429 Court No. - 18 Case :- WRIT - A No. - 4251 of 2025 Petitioner :- Pno - 980590081 , Hari Om Singh Nauhwar And 7 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 7 Others Counsel for Petitioner :- Santosh Kr. Yadav Warsi,Deepesh Kumar Yadav,Jitesh Yadav,Rati Yadav Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned Standing counsel for the respondents. Learned Standing Counsel, on the basis of written instructions, has submitted that petitioner no. 7 was relieved on 10.07.2024. However, the Additional Director General of Police, Agra Zone, did not permit petitioner no. 7 to join, stating that more than one year had passed since the date of transfer. Consequently, petitioner no. 7, who had reported at Agra Zone, was sent back. With regard to petitioner no. 8, the learned Standing Counsel has submitted that no instructions are available.
Learned counsel for the petitioners argued that petitioner no. 7 was transferred vide order dated 07.06.2022 from the 15th Battalion PAC, Agra to the Agra Region, and petitioner no. 8 was transferred from the 44th Battalion PAC, Meerut to the Saharanpur Region. However, petitioner no. 8 has not yet been relieved. In view of the above and considering the provisions of Paragraph 325 of the Police Regulations, which mandate that a delinquent employee must be relieved within ten days of the transfer order, the respondents have neither cancelled the transfer orders nor relieved the petitioners. This is in violation of Paragraph 325 of the Police Regulations.
Accordingly, respondent nos. 3 and 7 are directed to relieve the petitioners to their respective transferred posts within ten days from the date of receipt of the certified copy of this order, provided there is no legal impediment. If any legal impediment exists, the authorities shall be at liberty to either cancel the transfer orders or issue fresh orders as deemed appropriate.
Order Date :- 9.5.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench