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2025 DAILYLAW 189403 (ALL)

DUSHYANT KUMAR v. STATE OF U.P. AND 3 OTHERS

WRIA/629/2025 · 2025-02-05

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:17773 Court No. - 4 Case :- WRIT - A No. - 629 of 2025 Petitioner :- Dushyant Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anurag Pathak,Radhey Shyam Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard Sri Anurag Pathak, learned counsel for the petitioner and learned Standing Counsel for the State respondents. By means of this petition filed under Article 226 of the Constitution, petitioner has questioned the order of transfer dated 14th August, 2023 as well as attachment order dated 1st January, 2025 on the ground that he could not have been transferred within a period of three years from one station to another station as per the prevalent transfer policy. Learned counsel for the petitioner submits that though an administrative exigency has been assigned for transferring the petitioner but from the perusal of the order it does not appear as to what kind of administrative exigency has occurred within a year to transfer petitioner from Firozabad to Kanpur. Learned Standing Counsel, on the contrary, submits that if the petitioner is aggrieved by the transfer order dated 1st January, 2025, he should make representation before the competent authority. In the given facts and circumstances of the case, while petitioner was transferred from Mainpuri to Firozabad on 14th August, 2023 an order has come to be passed on 1st January, 2025 transferring him from Firozabad to Kanpur on attachment basis, the Court considers it appropriate that petitioner to make representation before the competent authority, namely respondent No.- 1 against the attachment order dated 1st January, 2025 and in the event such representation is made within a period of three weeks from today the same shall be considered and disposed off by the respondent No.- 1 within a further period of three weeks. For the period of six weeks from today or until such decision is taken by the competent authority, petitioner shall not be forced to join at the transferred place pursuant to the order dated 1st January, 2025. With the aforesaid observations and directions, this petition stands disposed of. Order Date :- 6.2.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad