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JAGVEER SINGH TALAN versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Jagveer Singh Talan v. State Of U.P. And Others - WRIT - A No. 38798 of 2004 [2005] RD-AH 85 (6 January 2005)

 

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

Civil Misc. Writ Petition No. 38798 of 2004

HON'BLE YATINDRA SINGH, J

HON'BLE V.S. BAJPAI, J.

1. This is a writ petition against transfer order dated 10th September 2004 by which the petitioner has been attached to the head office Mathura and respondent no. 8 has been transferred to the post of petitioner.

2. We have heard counsel for the petitioner and the Standing Counsel, Sri DC Mathur  and Sri Pankaj Mishra, counsel for the respondents.

3. The petitioner in paragraph 9 of the writ petition has stated that this transfer order has been passed on the letter written by respondent no.6 and is not in public interest. Respondent no. 6 has filed counter affidavit in which writing of letter has been admitted.  The letter indicates that transfer order is not passed in the public interest but was politically motivated. In view of this transfer order dated 10th September 2004 is quashed. The respondents are directed to restore the petitioner back to the post from where he was transferred. It is hereby clarified that it would be open to the respondents to make any transfer in public interest at the time of annual chain of transfers.

3. With these observations the writ petition is allowed.

Date: 6.1.2005

BBL


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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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