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Tej Mohammad v. State Of U.P. And Others - WRIT - A No. 48022 of 2006 [2006] RD-AH 15187 (1 September 2006)


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Court No. 38

Civil Misc. Writ Petition No. 48022 of 2006

Taj Mohammad


State of U.P.  and others

Hon'ble V.K. Shukla, J.

Petitioner is questing the validity of transfer order dated 14.08.2006, transferring the petitioner on administrative ground from District Baghpat to P.A.C.

Brief background of the case, as disclosed in the writ petition, is that since December 19, 2003 to 10.07.2006, petitioner worked on the post of S.I. (M) in the office of the Superintendent of Police, Baghpat. On 25.04.2006, petitioner moved an application seeking his transfer from Baghpat to Noida or Bulandshahr. Said application was rejected on 25.04.2006 itself. Thereafter, another application was move by the petitioner, and on the same, on 28.05.2006 order was passed transferring the petitioner from Baghpat to Ghaziabad. Thereafter, the impugned order in question has been passed, which is subject matter of challenge in present writ petition.

Learned counsel for petitioner contended with vehemence that after persuasion keeping in view his personal difficulties, petitioner was transferred from Baghpat to Ghaziabad on 28.05.2006, and immediately thereafter this order of transfer dated 14.08.2006 has been passed, as such transfer is vitiated and unsustainable.

Learned Standing counsel, on the other hand, contended that  petitioner holds transferable post; he has been rightly transferred, as such no interference should be made.

After respective arguments have been advanced, the undisputed position which emerges is to the effect that since 2001, petitioner is posted in Meerut  Range, and as far as posting with in range is concerned, the DIG Range is competent to  accord placement of petitioner at any place within the Range. Request made by the petitioner was accepted by the D.I.G. Range by transferring him from Baghpat to Ghaziabad. Once the transfer is to be made out side Range, then the D.I.G. (Establishment), P.H.Q. is competent to  direct for transfer. Here on administrative ground, petitioner has been sought to be transferred from Baghpat to P.A.C. Once the transfer  has been made on administrative ground, then this Court refuses to interfere with the transfer order, inasmuch as it is within the domain of the competent authority to see as to where administrative exigencies can be best fulfilled and the services of an incumbent can be best utilized. On over all consideration, this is not a fit case for interference under Article 226 of the Constitution. However, in the present case, as the request of petitioner was accepted  on account of illness of his mother and wife and the subsequent transfer order has been passed by the Deputy Inspector General of Police (Establishment), Police Head Quarter, Allahabad, liberty is given to the petitioner  to move  representation ventilating his grievances before the Deputy Inspector General of Police (Establishment), Police Head Quarter, Allahabad. In case any such representation is made, the Deputy Inspector General of Police (Establishment), Police Head Quarter, Allahabad shall consider the case of petitioner and take appropriate decision within six weeks from the date of receipt of a certified copy of this order.

Subject to observations made above, writ petition is dismissed.




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