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C.P. NO. 362 BIJENDRA SINGH versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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C.P. No. 362 Bijendra Singh v. State Of U.P. And Others - WRIT - A No. 13221 of 2006 [2006] RD-AH 5061 (3 March 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

HON. ARUN TANDON, J.

Petitioner is a Constable,  under suspension  pending enquiry. Under orders of the Senior Superintendent of Police, Etah dated 13.1.2006 he has been transferred from  Etah to Mainpuri.

In the opinion of the Court transfer of a suspended employee serves no purpose, it would only result in wastage of public exchequer inasmuch as every time petitioner is required to  appear in the departmental enquiry, he would be paid traveling allowance.

In such circumstances the order of transfer dated 30.1.2006 passed by the Deputy Inspector General of Police, Agra Region, Agra cannot be legally sustained and is hereby quashed.  However, in case the petitioner is restored back in service at any point of time, it shall be open to the authorities to pass a fresh order of transfer.

Writ petition is allowed.

Dated: 3.3.2006

V.R./13221/06


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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