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2025 DAILYLAW 153351 (ALL)

IZHAR AHMAD v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF PANCHAYATI RAJ LKO. AND 4 OTHERS

WRIA/8092/2025 · 2025-07-24

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42432 Court No. - 5 Case :- WRIT - A No. - 8092 of 2025 Petitioner :- Izhar Ahmad Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Panchayati Raj Lko. And 4 Others Counsel for Petitioner :- Saryu Prasad Tiwari Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Abdul Moin,J. Heard learned counsel for petitioner, Sri Sahrash Srivastava, learned Additional Chief Standing Counsel for the respondents no. 1 to 3 and Sri G.K.Awasthi, Advocate holding brief of Sri Mohan Singh, learned counsel for the respondent no. 4. No notice need be issued to the respondent no. 5 taking into consideration the nature of order proposed to be passed. With the consent of learned counsel appearing for the contesting parties, the writ petition is finally being disposed of. The petitioner, a Class-IV employee is before this Court raising a challenge to the transfer order dated 15.07.2025, a copy of which is annexure 1 to the writ petition by which he has been transferred from one gram panchayat to the other. Learned counsel for petitioner has raised various grounds to challenge the impugned transfer order, however the Court is of the view that the said grounds fall in the realm of the grounds to be considered by the respondents at the first instance. Accordingly, without entering into the merits of the case, the present petition is disposed of leaving it open to the petitioner to submit a comprehensive representation against the impugned transfer order dated 28.06.2023 before the competent authority i.e respondent no. 2 within a period of one week from today. In case a representation is made, respondent no. 2 shall proceed to decide the same in accordance with law considering the grounds taken by the petitioner in the representation, which would be decided within a period of three weeks from the date of receipt of the representation alongwith copy of this order. Till disposal of representation no coercive action shall be taken by the respondents against the petitioner in pursuance of the impugned transfer order. It is made clear that if the petitioner does not submit his representation within the time specified, then the benefit of this order shall not be available to him. Order Date :- 24.7.2025/Pachhere/- Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench