Court No. - 6 Case :- SERVICE SINGLE No. - 4701 of 2010 Petitioner :- Faujdar Singh Respondent :- State Of U.P.Through Principal Secy. Home Dept. And Others Petitioner Counsel :- S.S.L.Srivastava Respondent Counsel :- C.S.C. Hon'ble Shabihul Hasnain,J.
Petitioner was placed under suspension vide order dated
12.3.2010. It was further provided that during the suspension the
petitioner was attached to the police lines, Barabanki. Vide another
order the petitioner has been transferred from Barabanki to
Hathras. It is very well stated in the transfer order that the
petitioner is under suspension because against name of the
petitioner (it has been shown that he is under suspension). This can
not be done. Suspended employee can only be attached but after
attachment he can not be transferred under suspension. Even
otherwise the order of transfer has been passed by Deputy
Inspector General (Fire Services) which is in contravention of the
directions of the Hon’ble Supreme Court and the transfer should
have been passed by the Police Establishment Board.
Accordingly, the order dated 15.6.2010 transferring the petitioner
from Barabanki to Hathras is hereby quashed.
The opposite parties are at liberty to pass appropriate and fresh
order in exigency of work, if need be.
The petition is allowed as above.
Order Date :- 14.7.2010
RKM.