Allahabad High Court Judgement

Allahabad High Court Judgement

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JUDGEMENT HEADLINE : Petitioner's Representation Against Transfer Shall Be Decided By The Authority Strictly In Accordance With Law Within Stipulated Period.
JUDGEMENT TITLE : Naval Kishore Sharma Vs. State Of U.P. & Others On 04/08/2009 By Allahabad High Court
CASE NO : WRIT - A NO. 39779 OF 2009
CORAM : Hon'ble Bala Krishna Narayana,J.


Court No. - 34 

Case :- WRIT - A No. - 39779 Of 2009 

Petitioner :- Naval Kishore Sharma 
Respondent :- State Of U.P. & Others 
Petitioner Counsel :- R.K. Verma 
Respondent Counsel :- C.S.C. 
Hon. B.K. Narayana, J. 
Heard Learned Counsel For The Petitioner And Learned Standing Counsel For The Respondents. 
With The Consent Of The Parties, Writ Petition Is Finally Disposed Of Without Calling For Any Counter Affidavit. 
The Petitioner By Means Of Instant Writ Petition Has Prayed For Quashing Of The Order Dated 5-9-2008 By Which The Petitioner Has Been Transferred From Bareilly Zone -I To Bareilly Zone-II As Well As The Relieving Order Dated 27-7-2009 On The Ground That The Petitioner Is Going To Retire On 31st January, 2010 And As Such No Public Interest Will Be Served In Transferring The Petitioner At This Stage. 
It Has Been Submitted On Behalf Of The Respondents That The Petitioner Has Failed To Show That The Impugned Transfer Order Has Been Passed In Violation Of Of Any Statutory Rule, Regulation Or In Malafide Exercise Of Power And Hence No Case For Interference Is Made Out. It Has Been Further Stated That Since The Petitioner Has Already Made A Representation Against The Impugned Transfer Before The Respondent No. 2 On 27-7-2009 (Annexure No. 5 To The Writ Petition) Which Has Not Been Decided Till Date A Direction Be Issued To The Respondents To Decide The Aforesaid Representation Within A Stipulated Period Instead Interfering With The Impugned Order. 
In View Of The Above Without Expressing Any Opinion On The Merits Of The Petitioner's Claim The Writ Petition Is Being Finally Disposed Of With A Direction To The Respondent No.5 To Consider And Decide The Petitioner's Representation Dated 27-7-2009 (Annexure No. 5 To The Writ Petition) Pending Before Him Strictly In Accordance With Law By A Speaking And Reasoned Order As Expeditiously As Possible Preferably Within A Period Of Two Months From The Date Of The Production Of The Certified Copy Of This Order Before Him. 
The Petitioner Shall, Alongwith The Certified Copy Of This Order, Also File Before The Respondents, A Self Attested True Copy Of The Writ Petition Complete With All Annexures. 

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