Ram Bahadur Singh v. State of U.P. Thru. Prin. Secy. Deptt. Home, Lucknow and 3 Others

Court No. - 20 Case :- WRIT - A No. - 8337 of 2023 Petitioner :- Ram Bahadur Singh Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Home, Lucknow And 3 Others Counsel for Petitioner :- Mujtaba Kamal Sherwani Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties. Petition has been filed challenging order dated 29th June, 2023 whereby petitioner working on the post of Head Constable has been transferred from District Lucknow to District Ayodhya. It has been submitted that petitioner suffered brain haemorrhage in March, 2023 and is subsequently bed ridden ever since. It is submitted that he is also undergoing treatment for the aforesaid at Lucknow. It is submitted that therefore petitioner is required to be exempted from transfer in view of his medical condition. Considering innocuous prayer being made by learned counsel for the petitioner and without entering into the merits of the case petitioner is granted liberty to file a fresh representation before opposite party No. 4 i.e. Additional Superintendent of Police, Department of Establishment and Personnel by 27th October, 2023. In case such a representation is filed, the same shall be decided by a reasoned and speaking order within with period of ten days from the date a copy of this order along with representation is produced before the said authority. Till decision on petitioner's representation, petitioner shall not be compelled to join at the transferred place. With the aforesaid observations, the writ petition stands disposed of. Order Date :- 19.10.2023 prabhat High Court of Judicature at Allahabad, Lucknow Bench