CONSTABLE ASGHAR MEHDI Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition is directed against the order of transfer dated 29.07.2013 passed by Commandant B-Group PAC 4th Battalion Allahabad.

(2.) It appears that PAC Headquarter passed an order on 25.07.2013 transferring petitioner from 4th Battalion PAC to 44th Battalion PAC, Meerut and by means of impugned order the Commandant 4th Battalion PAC has communicated the said order to petitioner directing him that he shall stand relieved on 31.07.2013 so as to join at transferred place.

(3.) Learned counsel for the petitioner firstly contended that there is a departmental inquiry initiated against petitioner and the matter is pending before U.P. Public Service Tribunal and since the matter is sub-judice, therefore, he cannot be transferred. He further submitted that departmental proceedings have continued for a quite long time, therefore, on the ground of mere delay the same has to be dropped in view of the judgment of this Court in Mahaveer Prasad Sharma Vs. Cane Commissioner, U.P., Lucknow and others, 1999 2 UPLBEC 1407. He lastly contended that petitioner is a handicapped and, therefore, on equity ground also he should not be transferred.