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Constable No. 5673 Devendra Kumar Mishra v. State Of U.P. And Others - WRIT - A No. 44946 of 2006 [2006] RD-AH 14127 (23 August 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).


Hon. Dilip Gupta, J.

The petitioner is aggrieved by the transfer order dated 16th November, 2005 which has been passed by the Superintendent of Police (Railways), Allahabad by which the petitioner has been transferred from Allahabad to Jhansi.

Learned counsel for the petitioner submitted that the petitioner has been suffering from Hematuria for last about one and half years and is being examined by the doctors at the Banaras Hindu University Hospital, Varanasi. He has only one kidney and because of the peculiar disease, the petitioner has to remain in constant touch with the doctors in the University Hospital at Varanasi. In support of his contention he has produced certain certificates issued by the doctors. He has further stated that because of the aforesaid ailment the transfer order was initially stayed by the Superintendent of Police (Railways), Allahabad by the order dated 6th May, 2006 for a period of four months and as this period is expiring on 31st August, 2006 the petitioner would be required to join at Jhansi on 1st September, 2006.

Learned Standing Counsel has submitted that it may not be possible for this Court to examine all these factual aspects and the authorities can examine the circumstances pointed out by the petitioner for not joining at the transferred place presently.

In view of the submissions made by the learned Standing Counsel the Writ Petition is disposed of with the direction that in the event the petitioner files a representation before the Superintendent of Police (Railways), Allahabad within a period of two days from today pointing out the problems faced by the petitioner along with all the relevant documents/certificates, the Superintendent of Police (Railways), Allahabad shall examine the same and pass an appropriate order before 31st August, 2006.

Let a certified copy of the order be given to the petitioner on payment of usual charges by 24.8.2006.




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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