CONSTABLE TRAFFIC POLICE , PERSONNEL NO. 192468435, ANUJ KUMAR AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME, GOVT. OF U.P. LKO. AND 3 OTHERS
WRIA/8178/2025 · 2025-07-28
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153651 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153651 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43188 Court No. - 18 Case :- WRIT - A No. - 8178 of 2025 Petitioner :- Constable Traffic Police , Personnel No. 192468435, Anuj Kumar And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home, Govt. Of U.P. Lko. And 3 Others Counsel for Petitioner :- Sanjay Yadav Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioners, learned State Counsel for opposite parties.
2. Petition has been filed seeking a direction to concerned authority to relieve petitioner in pursuance of transfer order dated 15.4.2025 whereby petitioner no. 1 from Lucknow to GautamBudh Nagar and petitioner no. 2 from Lucknow to Saharanpur have been transferred.
3. Learned State Counsel has been provided written instructions dated 25.7.2025, as per which, it has been submitted that due to exigencies of administration, petitioners have been retained at their earlier place of post and relieving order would be issued immediately after 15th August, 2025.
4. However, learned counsel for petitioner adverted to paragraph no. 523 of the Police Regulations to submit that once a police official has been transferred, he has to be relieved within a period of ten days so as to enable him to join within the prescribed time with penalty clause as well being indicated for failure to join within stipulated time.
5. Although the written instructions indicate retention of petitioners at their current place of posting in view of
administrative exigencies but it is settled law that all administrative or execution action is required to have a backing of law. The opposite parties have failed to indicate any provision of law whereby a transferred police official or constable can be retained beyond the period prescribed in Police Regulations.
6. In view thereof, opposite party no. 3. i.e., Deputy Commissioner of Police, Traffic, Uttar Pradesh, Lucknow Commissionerate is directed to ensure relieving of petitioners within a period of ten days from the date a certified copy of this
order is served upon him in order to effect their joining at the place of transfer.
7. In view of above, petition succeeds and is allowed.
8. Parties to bear their own costs.
Order Date :- 28.7.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench