Mohd. Shameem Khan, Pno No. 062350974 v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and 4 Others

Court No. - 20 Case :- WRIT - A No. - 8242 of 2023 Petitioner :- Mohd. Shameem Khan, Pno No. 062350974 Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 4 Others Counsel for Petitioner :- M.P. Raju Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.

¶1Heard learned counsel for petitioner and learned State Counsel for opposite parties.

¶2Petition has been filed challenging order dated 06.10.2023 whereby petitioner working on the post of Head Constable has been transferred from District-Unnao to District-Hathras.

¶3Learned counsel for petitioner has adverted to the office order dated 22.06.2017 to submit that petitioner has not yet completed ten years of posting in the current District due to which there was no occasion to transfer him elsewhere since paragraph one of the aforesaid order prescribes a maximum tenure of ten years of posting in a particular District with regard to Head Constable.

¶4Learned State Counsel, however, has adverted to paragraph six pertaining to administrative transfers and submits that police officials can be transferred anywhere at any time without advertent to paragraph one of the order.

¶5Learned counsel for petitioner has, however, submitted that the transfer has been effected in mid-session while petitioner's children are studying in the local schools.

¶6For the said grievance, petitioner seeks liberty to file a representation before the authority concerned which may be directed to be decided.

¶7Considering the innocuous prayer, without entering into merits, liberty is granted to petitioner to file a fresh representation within a period of three days from today before opposite party no.2 i.e. Additional Director General of Police (Establishment), D.G.P. Headquarter, Lucknow, who shall consider and decide the same within a period of ten days thereafter.

¶8Till decision from petitioner's representation, it is directed that petitioner shall not be compelled to join the transferred place.

¶9With aforesaid observations and directions, the petition is finally disposed of. Order Date :- 19.10.2023 Mohd. Sharif High Court of Judicature at Allahabad, Lucknow Bench