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2025 DAILYLAW 155815 (ALL)

SURYA NARAIN PANDEY v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND 3 OTHERS

/8713/2025 · 2025-08-05

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Neutral Citation No. - 2025:AHC-LKO:45291 Court No. - 8 Case :- WRIT - A No. - 8713 of 2025 Petitioner :- Surya Narain Pandey Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 3 Others Counsel for Petitioner :- Anand Dubey,Neeraj Tripathi Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner and Mr. Aniruddh Singh, learned State Counsel for opposite parties. 2. Petition has been filed challenging order dated 12.06.2025 whereby petitioner has been transferred from 10th B.N. PAC Barabanki to 25th B.N. Raebareli. Further prayer has been made to relieve petitioner in terms of his earlier transfer order dated 17.10.2020. 3. It has been submitted that earlier petitioner had been transferred vide order dated 17.10.2020 but was relieved in pursuance of the said order only in the year 2023 whereafter the impugned transfer order has been passed. Learned counsel has adverted to circular dated 25.11.2020 issued by the Director General of Police, U.P. to submit that as per conditions indicated therein, fresh transfer order can be passed only once the earlier transfer order has been cancelled particularly when the earlier transfer order was not effected within a period of one year from its issuance. He has also adverted to order dated 11.06.2025 (annexure no.9) to submit that various PAC personnel such as petitioner who were earlier also transferred by means of order dated 17.10.2020 found their transfer order cancelled but the said procedure has not been followed in case of petitioner. 4. Learned State Counsel has refuted submissions advanced by learned counsel for petitioner with the submission that circular dated 25.11.2020 only is in the nature of guidelines without any binding precedent attached to it and even otherwise the passing of subsequent transfer order would indicate implied cancellation/supersession of the earlier transfer order. 5. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is evident that the sole ground of challenge to transfer order is that the earlier transfer order dated 17.10.2020 was required first to be cancelled in terms of circular dated 25.11.2020 whereafter only the fresh transfer order could have been passed as was the procedure followed in similarly situated PAC personnel. 6. However, it is quite evident that the circular dated 25.11.2020 indicates that in case a transfer order is not effected within a period of one year from its issuance, it is required to be cancelled and liberty has been granted to the appointing authority for issuance of a fresh transfer order, if required. 7. In the considered opinion of this Court, the aforesaid provision would stand satisfied even in case a subsequent transfer order is passed which would have the effect of impliedly cancelling or superseding the earlier transfer order. The purpose of issuance of circular dated 25.11.2020 cannot be carried forward to such a literal extent as to make its meaning meaningless or absurd. 8. In view thereof, this Court is of the considered opinion that even in case a subsequent transfer order is passed, it would have the effect of complying with circular dated 25.11.2020 since it would have the implied effect of cancelling or superseding the earlier transfer order. 9. In view of aforesaid discussion, this Court does not find any good ground to grant indulgence. The petition, therefore, fails and is dismissed at the admission stage itself. Parties to bear their own cost. Order Date :- 5.8.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench