Court No. - 3 Case :- SERVICE SINGLE No. - 4041 of 2010 Petitioner :- C.P. No. 781 Visheshwar Verma S/O Ram Dhani Verma Respondent :- State Of U.P. Thru Principal Secretary Home & Ors. Petitioner Counsel :- Himanshu Tiwari,Amit Kumar Tiwari Respondent Counsel :- C.S.C. Hon'ble Shri Narayan Shukla,J.
Heard counsel for the petitioner and learned Standing
Counsel on behalf of the opposite parties.
By means of the present writ petition, the impugned order of
transfer dated 29.05.2010 (Annexure-1) passed by Inspector
General of Police, Lucknow Region, Lucknow (O.P. No. 2) is
under challenge.
For the purpose of interim relief, learned counsel for the
petitioners Sri Himanshu Tiwari submits that orders of
transfer are being passed in an arbitrary manner without
adhering to the policies made by the Government from time
to time, that too without application of mind by a common
order transferring various police personnel from one place to
another.
He further submits that the petitioners have not been relieved
from the present place of posting in pursuance to the
impugned order which is under challenge in the present writ
petition.
It is also contended by the learned counsel for the petitioner
that in identical circumstances, this Court at Allahabad in
Writ Petition No. 25016 of 2010 Jaggar Nath Prasad Gaur &
others Vs. State of U.P. & others on 07.05.2010 has passed
the following orders:-
“In such circumstances, as there is no subjective satisfaction
by the Board in view of the directions issued by the apex
court as well as the Board has to take the decision first,
therefore, in my opinion, in spite of the fact that this is a case
of transfer of the government employee this Court can
interfere, if the action of the State appears to be arbitrary
and without application of mind. In view of aforesaid facts, in
my opinion, the petitioners are entitled for interim relief. Till
the next date of listing, the order of transfer against the
petitioners shall remain stayed”.
Against the said order, the State has praferred a Special
Appeal No. 850 of 2010 State of U.P. Vs. Jagannath Prasad
Gaur and others ,on 28.05.2010,the same was dismissed with
the following observation:-
“In view of the foregoing discussions we are of the
considered opinion that the Board which had considered and
approved the transfer order in question was not constituted
in accordance with the specific directions given by the
Hon’ble Supreme Court and, therefore, the transfer order has
not been passed in accordance with law.
The appeal lacks merit and it is accordingly dismissed.”
Further, this Court at Lucknow on identical and similar
circumstances relying on the order dated 07.05.2010 passed
in the case of Jaggarnath Prasad Gaur (Supra) and has passed
interim order in Writ Petition No. 3760 (SS) of 2010
Muzammil Husain & others Vs. State of U.P. & others on
28.05.2010, the operative portion of the same is quoted as
under:-
“The impugned transfer order dated 05.5.2010, passed by
opposite party no. 3, as contained in Annexure No. 1 to the
writ petition, so far as it relate to the petitioners, is hereby
stayed till the next date of listing.”
The above said position has not been disputed by learned
Standing Counsel on behalf of the opposite parties.
In view of the abovesaid facts and in the interest of justice, it
is provided that further operation and implementation of the
transfer order dated 29.05.2010 (Annexure-1) passed by O.P.
No. 2 so far it relates to petitioners shall remain stayed till the
next date of listing provided the petitioners have not been
relieved in pursuance to the same.
Learned Standing Counsel prays for and is granted two weeks
time to file counter affidavit. One week thereafter is granted
to the petitioner for rejoinder affidavit.
List/connect along with Writ Petition No. 3760 (SS) of 2010.
Order Date :- 16.6.2010
Amit