SOBARAN SINGH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
WRIA/9228/2025 · 2025-08-19
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158277 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158277 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:48339 Court No. - 8 Case :- WRIT - A No. - 9228 of 2025 Petitioner :- Sobaran Singh And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Rishi Raj Mishra,Sachin Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioners and learned State Counsel appearing on behalf of opposite parties.
2. Petition has been filed challenging order dated 26.06.24 whereby petitioners were transferred. Also under challenge is relieving order dated 04.11.2024 with a further prayer to retain petitioners in Economic Offences Wing, Lucknow.
3. Learned counsel for petitioners has adverted to various judgments and orders passed by this Court in which relieving orders have been quashed simply on ground that they have been passed substantially after passing of transfer order. It is also submitted that in similar circumstances, opposite parties themselves have cancelled the relieving order dated 04.11.2024.
4. Mr. Vikas Singh, learned State Counsel however has refuted the submissions advanced by learned counsel for petitioners with submission that petitioners have not cogently explained the substantive delay in filing the present petition in view of fact that relieving order had been passed in November, 2024. It has also been submitted that the order whereby relieving of certain other employees dated 04.11.2024 had been cancelled was in pursuance of directions issued by this Court.
5. Upon consideration of submissions advanced by
learned counsel for the parties and perusal of material on record, it is evident that petitioners were transferred vide
order dated 26.06.2024 with relieving order also being passed on 04.11.2024. There is no cogent explanation
furnished by petitioners for filing this petition belatedly after almost ten months of relieving order. The order dated 09.01.2025 indicated by petitioners whereby relieving of other employees was cancelled also appears to have been passed in view of judgment and orders passed by this court and not on suo motu basis.
6. It is quite evident that judgment(s) and orders relied upon by petitioners have been passed in cases where the petitioners therein had approached this Court within time prior to implementation of relieving order.
7. In view thereof, this Court does not find any parity to be accorded to petitioners since the order of transfer has already been implemented way back in November, 2024.
8. At this stage, learned counsel for petitioners submits that petitioners may be given liberty to file representations before authority concerned in view of fact that petitioner no.2 is due to superannuate within six months.
9. Considering aforesaid prayer, liberty is granted to petitioners to file representation before authority concerned who may consider and decide the same expeditiously within a period of three weeks from receipt of representation of petitioners along with a certified copy of this order.
10. With aforesaid direction, the petition stands finally
disposed of.
Order Date :- 19.8.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench