Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 96732 (ALL)

POONAM DEVI AND 4 OTHERS v. STATE OF U.P. AND 2 OTHERS

WRIA/13949/2025 · 2025-09-16

Ajit Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13949 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. 2. The petitioner has preferred present writ petition inter-alia with the following prayers :- "(a) Issue, a writ order or direction, in the nature of certiorari, for quashing the impugned transfer order dated 13.06.2025 passed by the Respondent No.2, the DIG, Kanpur Range and consequential order dated 07.09.2025 passed by the respondent no.3, the Senior Superintendent of Police, Etawah enclosed as Annexure-1 & 2, to the writ petition. (b) Issue, a writ order or direction, in the nature of Mandamus, directing Respondentsnot to transfer/relieve the petitioners from Etawah in pursuance of the impugned transfer order." 3. The petitioner was transferred vide order dated 13.06.2025 but at that time transfer order has not been given effect. Later on order dated 07.09.2025 has been passed for implementation of the transfer order dated 13.06.2025. He lastly Versus Counsel for Petitioner(s) : Kailash Prakash Pandey Counsel for Respondent(s) : C.S.C. Poonam Devi And 4 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) submitted that no reason has been explained as to why earlier transfer order was not given immediate effect. 4. Learned counsel for the parties do not dispute that facts of the present petition are identical to one occurring in Service Single No.10584 of 2017, which has been disposed of on 12.5.2017. The order dated 12.5.2017 is extracted herein below:- "Heard learned Counsel for petitioners and the learned Standing Counsel. Petitioners have challenged the impugned relieving order dated 23.04.2017 passed by the Senior Superintendent of Police, Hardoi (opposite party no.4) in pursuance to the transfer order passed on 09.07.2014. It has been submitted by learned Counsel for petitioners that petitioners were transferred in the years 2014 and 2015 and now after lapse of 2-3 years, the aforesaid impugned relieving order has been passed by opposite party no.4. Learned Standing Counsel, on the basis of the instructions, has admitted that definitely, the impugned reliving order has been passed too late and, therefore, fresh orders will be passed with respect to the petitioners and other persons who have not join their services in pursuance to the transfer order passed in the years 2014 and 2015. Admittedly, there is a considerable long delay in passing the impugned and no cogent and justifiable reasons have been given for not acting upon the transfer order immediately when they were passed. Therefore, the impugned order passed in respect of petitioners is WRIA No. 13949 of 2025 2 legally not sustainable and the same is hereby quashed. It is open for the opposite parties to transfer the petitioners, if exigency of service so requires, in accordance with law. With the aforesaid observations/directions, the writ petition is disposed of finally." 5. Since the issue involved in the present matter is identical, the present writ petition is also disposed of on the same terms. September 17, 2025 Deepika WRIA No. 13949 of 2025 3 (Ajit Kumar,J.) Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad