SHYAM SUNDER RAWAT ALIAS SHYAM SUNDER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO AND 7 OTHERS
WRIA/6824/2025 · 2025-06-12
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 146203 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146203 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:35425 Court No. - 2 Case :- WRIT - A No. - 6824 of 2025 Petitioner :- Shyam Sunder Rawat Alias Shyam Sunder Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko And 7 Others Counsel for Petitioner :- Rakesh Kumar Agarwal,Anupriya Agarwal,Saksham Agarwal Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard Sri Saksham Agarwal, learned counsel for the petitioner and learned State counsel. The instant petition has been preferred seeking following main relief(s):-
"1. To summon and quash order dated 03.06.2025 passed by Establishment Board whereby petitioner was transferred (reference of which is made in order dated 04.06.2025 ANNEXURE-1).
2. To issue writ, order or direction in the nature of certiorari quashing the order dated 04.06.2025 passed by Deputy Inspector General of Police Azamgarh Range Azamgarh whereby petitioner had been transferred from Ballia to Azamgarh (the copy of which is contained in ANNEXURE-1).
3. To issue writ, order or direction in the nature of mandamus commanding the opposite parties to transfer the petitioner from Azamgarh to Lucknow as per transfer policy or to any other district adjacent to Lucknow." Admittedly, the petitioner would retire on 03.07.2026 after attaining the age of superannuation. As per the Government Order (GO) dated 06.05.2025, a person going to retire within two years of service shall not be transferred far away from his/her home district and in the instant case, the petitioner has been transferred to Azamgarh without taking note of the home district of the petitioner, which is Lucknow, as such, this Court is of the view that interference of this Court is required in the matter. Accordingly, the impugned order dated 04.06.2025 to the extent of transferring the petitioner is hereby set-aside/quashed. The matter is remanded back to the respondent No. 5/Inspector General of Police Establishment, Signature Building, Gomti Nagar, Lucknow to re-consider the case of the petitioner after taking note of Clause 5(v) of GO dated 06.05.2025 and also the judgment dated 05.06.2024 passed by the Division Bench of this Court in Special Appeal No. 564 of 2024 (Jitendra Singh vs. State of U.P. and Another). The instant petition is allowed in above terms. Order Date :- 12.6.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench