HEAD CONSTABLE PNO-112193140 SANJAY KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND 5 OTHERS
WRIA/13164/2025 · 2025-11-17
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 173389 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 173389 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13164 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J.
1. Heaard Sri Rakesh Kumar Singh, learned counsel for the petitioner as well as learned Standing Counsel for the respondents. 2. On hearing learned counsel for the petitioner following order was passed on the previous date :-
“1. It has been submitted by learned counsel for the petitioner that the petitioner was working in the local Intelligence Unit in Lucknow since 2018 and he can continue in the said department for a period of ten years as per guidelines issued by the respondents. 2. It is further submitted by learned counsel for the petitioner that undisputedly his services can be transferred to other Police establishments, but for which purpose, either the petitioner has incurred any physical disability or there is any other justifiable reason for his transfer. In the present case no reason has been given for transferring the petitioner from the local Intelligence Unit. 3. Learned Standing Counsel on the basis of instructions, has produced a copy of order dated 18.09.2025, passed by the Superintendent of Police (Intelligence), Lucknow, from which it seems that on file there is some note with regard to the reason for which the petitioner has been transferred. It is stated that being security issue, the said reason is confidential, but can be disclosed to the Court from the file. 4. In the light of above, list this case on 17.11.2025. On which date learned Standing Counsel shall obtain original record and show the reason for transfer of the petitioner.”
3. It is on the direction of this Court that original record has been produced before this Court. This Court has perused the record and find Versus Counsel for Petitioner(s) : Rakesh Kumar Singh Counsel for Respondent(s) : C.S.C. Head Constable Pno-112193140 Sanjay Kumar .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 5 Others .....Respondent(s)
that firstly, there is complaint made by the wife of the petitioner seeking his transfer to a distant place for the reasons which are stated therein. Secondly, this Court finds that complaint has been duly scrutinized by the respondents and they have conducted discrete inquiry and found that allegations are correct and accordingly, passed order of transfer of petitioner. 4.
This Court is not going into nature of complaint or verification of the same by the respondents, but this Court had required the record to satisfy itself with regard to existence of cogent reasons resulting in transfer of the petitioner. 5. Considering the fact that petitioner is working in Local Intelligence Unit, Lucknow where a person has to keep utmost integrity towards his duties and in the light of the guidelines framed by the respondents, any possibility of infringement or apprehension thereof may result in transfer of any individual. The best authority to take decision in such matter in a disciplinary force is the competent authority itself. 6. From the perusal of the record this Court finds that reasons are existing. The aspect into sufficiency of reasons cannot be gone into by this Court in exercise of its power under Article 226 of the Constitution of India inasmuch as, only existence of reasons can be looked into in judicial review in a matter of nature which has been brought before this Court. 7. Accordingly, it is for the aforesaid reasons, this Court do not find any infirmity in the impugned order of transfer of petitioner. 8. Present writ petition being devoid of merits is dismissed. 9. However, dismissal of present writ petition shall not be an impediment to the petitioner from making representation for being transferred to any district close to Lucknow. In case any such representation is made by the petitioner, same shall be considered and decided by respondent no. 2, in accordance with law. November 17, 2025 A. Verma WRIA No. 13164 of 2025 2 (Alok Mathur,J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench