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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15334 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J.
1. Heard Sri Kailash Prakash Pandey, learned counsel for the petitioner and learned Standing Counsel, who appears for State-respondents. 2. The case of the writ petitioner is that he was appointed on the post of constable on 14.01.2011, head constable in the year 2022. However, while the writ petitioner was posted in Baghpat, an order came to be passed on 22.04.2025 by the DIG, Meerut Range, Meerut transferring the writ petitioner from Baghpat to Meerut, however, the relieving order came to be passed on 14.08.2025. Learned counsel for the writ petitioner submits that the writ petitioner ought not to have been transferred/ relieved, particularly, wherein as per the Government order dated 06.05.2025, the relieving is to be made within a period of one week. He further submits that a circular has been issued on 17.10.2025. Reliance has been placed upon several judgements of this Court including Special Appeal No. 481 of 2024, decided on 14.05.2024. 3. Prayer in the present petition is for quashing of transfer and relieving. 4. Learned Standing Counsel could not dispute the said position, according to him, the Government orders and the circulars are binding upon the respondents. He submits that there are no exceptional reasons set out in retaining the writ petitioner from the date of his transfer till relieving. He submits that the order be set aside. 5. I have heard the learned counsel for the parties and perused the record carefully. Versus Counsel for Petitioner(s) : Kailash Prakash Pandey Counsel for Respondent(s) : C.S.C. Sunder Singh .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
6. Apparently, the transfer order came to be passed on 22.04.2025 and the writ petitioner is stated to have been relieved by virtue of a relieving order dated 14.08.2025. Once there happens to be the circulars of the respondents that relieving is to be done within a period of 7 days then the petitioner could not have been transferred under leave in that regard. Moreover, the issue is no more res integra as the same stands decided in Special Leave No. 481 of 2024, decided on 14.05.2024. 7. Accordingly, the writ petition is allowed. 8.
The impugned transfer orders dated 22.04.2025, passed by the Respondent No.2 the DIG, Meerut Range, Meerut and consequential order dated 14.08.2025 passed by the respondent no.3 the Superintendent of Police, Baghpat, is quashed insofar as it relates to the writ petitioner. 9. Instructions have been filed today is taken on record and marked as Appendix-A. October 30, 2025 A. Prajapati WRIA No. 15334 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad