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Court No. 24
Writ Petition No. 576 (SS) of 2010
C. P. Tara Chandra Dubey ... Petitioner
Versus
State of U. P. and otehrs ... Opposite parties
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Hon'ble Rajiv Sharma, J.
Heard Mr. S. N. Pandey, learned Counsel for the petitioner
and Mr. Anil Saran, learned Standing Counsel.
The petitioner, while working at Local Investigation Unit
(LIU), Auraiya, has been transferred to District Jhansi by the order
dated 20.1.2010. Being aggrieved the instant writ petition has
been filed inter alia on the ground that the order has been passed
by the Deputy Inspector General (Establishment), U.P.
Headquarters, Allahabad and the same has not been approved by
the Police Establishment Board. Next he contended that the order
is punitive in nature.
From a perusal of the order of transfer, it reflects that the
impugned order has been passed, after the approval being
granted by the Police Establishment Board vide item No. (E-3)-
02/2010 (Janhit), dated 13.1.2010. Reference finds place in the
said impugned order. As regards the submission that the order is
punitive in nature, he has drawn the attention of this Court
towards Annexure Nos.2 and 3, wherein the Superintendent of
Police, Auraiya has recommended for transfer of the petitioner. It
is only on the basis of the said recommendation, the order, which
has been impugned, has been passed. I do not find any illegality
or infirmity in the impugned order. No interference is required
under Article 226 of the Constitution of India.
Accordingly, the writ petition is dismissed. However, it is
provided that if the petitioner moves a fresh representation,
before the authority concerned, highlighting his grievances, within
three days from today, the same shall be considered and decided,
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in accordance with law, within 15 days from the date of receipt of
representation alongwith a certified copy of this order.
Dt. 3.2.2010
Lakshman/