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Sanjeev Kumar v. State Of U.P. And Others - WRIT - A No. 78673 of 2005 [2007] RD-AH 4697 (16 March 2007)


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W.P. No. 78673 of 2005

W.P. No. 272 of 2006

Hon'ble Yatindra Singh, J.

Hon'ble Vijay Kumar Verma, J.

Petitioner was posted at Allahabad. He was suspended on 19.12.2005. He filed Writ Petition No. 78673 of 2005 against this order and obtained an interim order on 23.12.2005. Thereafter, he was transferred on 29.12.2005. He has filed Writ Petition No. 272 of 2006 against this order.

We have heard Sri P. B. Baghel, counsel for the petitioner, standing counsel for the  State of Uttar Pradesh and State officials and Sri M. D. Mishra,  for the person seeking impleadment.

The standing counsel has informed the Court that the inquiry has been completed and inquiry report has already been submitted and appropriate order will be passed expeditiously.

Elections in the State have already been announced and as such, no transfer can be made. The petitioner has also got the interim order against his transfer order.

  Considering the entire circumstances of the case, both the writ petitions are disposed of with the observations that respondents may take appropriate decision on the inquiry report already submitted and pass appropriate order thereon at an early date, if possible, within one month from the date of receipt of certified copy of this order and till the decision is taken, the suspension order shall remain suspended and  transfer order will also be kept in abeyance. However, it will be open to the respondents to transfer the petitioner after the elections are over in annual chain of transfers.

With these observations, both Writ Petitions are disposed of.




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