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2025 DAILYLAW 140502 (ALL)

KASHI PRASAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS

WRIA/5438/2025 · 2025-07-11

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39668 Court No. - 18 Case :- WRIT - A No. - 5438 of 2025 Petitioner :- Kashi Prasad Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Petitioner :- Pankaj Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner and learned State Counsel for opposite parties. 2. Petition has been filed challenging order dated 22.06.2024 whereby petitioner employed on the post of Sub-Inspector was transferred from District Hardoi to Ayodhya Range. Also under challenge is the relieving order dated 03.05.2025. 3. It has been submitted by learned counsel for petitioner that in view of the fact that relieving of petitioner has taken place after almost one year from the date of transfer, it clearly indicates that exigencies of service did not warrant his relieving in pursuance of the transfer order. Learned counsel has placed reliance on judgment rendered by Coordinate Benches of this Court in cases of Anil Kumar Mishra versus State of U.P & Ors. passed in Writ Petition No.15148 (S/S) of 2016 and Devendra Kumar Singh versus State of U.P. & Ors. passed in Writ Petition No.16946 (S/S) of 2020. 4. Learned State counsel has been provided written instructions dated 23.05.2025 which is taken on record and as per which petitioner was not relieved in terms of his transfer order at his own request since he had suffered injuries in an accident and subsequently rejoined his post in November, 2024 whereafter impugned relieving order has been passed. 5. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is quite evident that petitioner has been sought to be relieved after almost one year of his earlier transfer. The reason indicated in written instructions also do not find favour for the reason that in case petitioner had admittedly rejoined services in November 2024, the opposite parties were not precluded from issuing relieving order instantly. 6. In view of aforesaid facts and circumstances as well as judgments relied upon by learned counsel for petitioner, it being evident that exigencies of service stood redundant in view of non-relieving of petitioner immediately, the impugned transfer order dated 22.06.2024 and relieving order dated 03.05.2025 are hereby quashed by issuance of a writ in the nature of Certiorari granting liberty to opposite parties to pass orders afresh, in case so required in terms of relevant Rules and Orders so far as it relates to petitioner. 7. Consequently, the petition succeeds and is allowed. Parties to bear their own costs. Order Date :- 11.7.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench