Mohammad Aslam Khan and Others vs State of U.P. and Others

Devendra Kumar Arora, J.—Heard learned Counsel for the parties.

By means of present writ petition, the Petitioners have challenged the order dated 28.03.2011, contained in Annexure-1 to the writ petition.

The submission of learned Counsel for the Petitioners is that the Petitioners were transferred by means of order dated 29.05.2010 from district Lucknow to various districts. The Petitioners have challenged the said transfer order by means of Writ Petition No. 3841 (S/S) of 2010; Brijesh Gupta and Ors. v. State of U.P. and Ors. and this Court vide judgment and order dated 08.10.2010 quashed the transfer order dated 29.05.2010, so far as it relates to the Petitioners. The Court gave liberty to the opposite parties to pass fresh order in accordance with law, if exigency of service so requires.

The grievance of the Petitioners is that the opposite parties by means of order dated 28.03.2011 directed to be relieved for joining at the transferred place in pursuance of the transfer order dated 29.05.2010, which has already been quashed by this Court.

It is also submitted by the learned Counsel for the Petitioners that no fresh order of transfer has been passed and the Deputy Inspector General of Police, Lucknow Range, Lucknow vide order dated 28.03.2011 directed for relieving of the Petitioners on 30.03.2011. It is also submitted that till date the Petitioners have not been relieved.

Learned Standing Counsel very fairly accepted that after quashing of the transfer order dated 29.05.2010 the Petitioners ought not to have been relieved in pursuance to the said order. It is also admitted that no fresh order has been passed for transferring the Petitioners.

I have considered the submissions of learned Counsel for the parties and gone through the record.

Admittedly, the transfer order dated 29.05.2010 has been quashed by this Court vide judgment and order dated 08.10.2010 passed in Writ Petition No. 3841 (S/S) of 2010 filed by the Petitioners alongwith others.

The perusal of the order dated 28.03.2011 reveals that the action has been taken for relieving the Petitioners in pursuance to the transfer order dated 29.05.2010. The action of the Deputy Inspector General of Police, Lucknow Range, Lucknow is contemptuous in nature.

The Deputy Inspector General of Police, Lucknow Range, Lucknow is hereby called upon to file his personal affidavit as to how the impugned order dated 28.03.2011 has been passed when the transfer order of the Petitioners dated 29.05.2010 has already been quashed by this Court vide judgment and order dated 08.10.2010 passed in Writ Petition No. 3841 (S/S) of 2010.

In view of the above, the operation and implementation of the order dated 28.03.2011 is hereby stayed, so far as it relates to the Petitioners, till the next date of listing.

Learned Standing Counsel prays for and is granted three weeks time for filing counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.

List after expiry of the aforesaid period.