High Courts(2009) 04 AHC CK 0354

Radhey Shyam Tiwari vs State of U.P.and others

Allahabad High Court · Decided on 10 April 2009

HON’BLE JUDGES
Rajiv Sharma, J
RESULT
Disposed Of

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Judgment

6 paragraphs · 182 words

Rajiv Sharma, J.

Heard Mr. Akhilesh Pandey, learned counsel for the petitioner and Mr. Anil Saran, learned Standing Counsel for the respondents.

With the consent of learned counsel for the parties, the writ petition is being disposed of at the admission stage itself.

This petition is directed against the order of transfer whereby the petitioner has been transferred from District Pratapgarh to District Lucknow.

In view of the law laid down by the Apex Court in the case of ''''Mrs. Shilpi Bose v. State of Bihar and others [AIR 1991 SC 532]'', I am not inclined to interfere under Article 226 of the Constitution of India. Further, transfer is exigency of service.

Considering the facts and circumstances of the case, the writ petition is disposed of finally with a direction to the authority concerned to decide the representation, taking into consideration the Government Order dated 20.5.1992 (Annexure 3), in accordance with law, expeditiously, preferably within two months from the production of a certified copy of this order, if the petitioner moves a fresh representation ventilating his grievances within two weeks from today.