Ahsan Ali Pno. No. 920441378 v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home, U.P. Lko. and 3 Others

Court No. - 8 Case :- WRIT - A No. - 4117 of 2023 Petitioner :- Ahsan Ali Pno. No. 920441378 Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home, U.P. Lko. And 3 Others Counsel for Petitioner :- M.P. Raju Counsel for Respondent :- C.S.C. Hon'ble Dinesh Kumar Singh,J.

¶1Heard Mr. M.P. Raju, learned counsel for the petitioner and Ms. Deepshikha, learned Chief Standing Counsel appearing for the State-respondents.

¶2The present petition under Article 226 of the Constitution of India has been filed seeking following reliefs:- "(i) Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 05.04.2023 passed by the opposite party No.3, contained as Annexure No.1 to the writ petition.

(ii) Issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties not to transfer the departmental enquiry from District-Balrampur to C.B.C.I.D., Headquarter-Lucknow.

(iii)...

(iv)..."

¶3The petitioner's wife Smt. Shameema Khatoon has given an application regarding ill-treatment, harassment and torture by the petitioner to her. On the said application of the wife of petitioner, the matter has been transferred to the C.B.C.I.D, Lucknow for investigation/inquiry.

¶4The petitioner is posted in District-Balrampur. Therefore, the competent authority has taken conscious decision to transfer the said matter from District-Balrampur to Lucknow for conducting free, fair and impartial inquiry.

¶5Considering the facts, I do not find that the impugned order suffers from any illegality which requires interference of this Court.

¶6In view thereof, the present petition being devoid of merit and substance is hereby dismissed. However, the competent authority is directed to conclude the said inquiry initiated against the petitioner preferably within a period of four months from the date a certified copy of this order is submitted before the competent authority. (Dinesh Kumar Singh, J.) Order Date :- 30.5.2023 Piyush/- High Court of Judicature at Allahabad, Lucknow Bench