JUDGEMENT
I. M. Quddusi, J. -
(1.) Since the petitions are knit together by reasons of common question of law being involved therein and also by reasons of facts being identical, these petitions were grouped together and heard accordingly for convenient disposal by a common judgment.
(2.) The necessary facts giving rise to Writ Petition No. 2474 of 2000 (S/S) are that by means of the aforesaid petition, the petitioner has the challenged the impugned order dated 28.4.2000 passed by the Senior Superintendent of Police, Lucknow, transferring the petitioner from the post of Station Officer, Police Station. Thakurganj, Lucknow to Police Station, Maha Nagar, Lucknow, as Senior Sub-Inspector.
(3.) It has been averred in the petition that the petitioner is a sincere and obedient police personnel. He has come to Lucknow on transfer from district Banda in the year 1997. He was transferred from D.C.R.B. to P.S. Thakurganj as Station Officer vide order dated 2.11.1999. Since, then the petitioner has been performing his duties sincerely and no complaint whatsoever has ever been made against him even though the Impugned order has been passed curtailing the powers and status of the petitioner. This petition was taken up on 22.5.2000 by this Court and following interim order was passed :
"Learned State counsel prays for and is granted six weeks time to file counter-affidavit. Learned counsel for the petitioner placed reliance on the judgment reported in State of U. P. and others v. Jagdeo Singh, 1984 (Supp) SCC 413 in support of his submission that by means of the present transfer order, the petitioner would be deprived of, the special allowance of Rs. 70 per month, which is attached to his post. In this view of the matter, the operation of the impugned order dated 28.4.2000 contained in Annexure-1 to the writ petition shall remain stayed. In relation to the petitioner. It will however, be open to the opposite parties to transfer the petitioner in the same capacity in which he is working at the present place of posting, subject to further orders of this Court. Sd. Pradeep Kant. J. 22.5.2000";
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.