TARA CHANDRA DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the respective parties.Instant writ petition is preferred against the order dated 20.1.2010 passed by the Police Establishment Board rejecting the representation of the Petitioner against his transfer. The Petitioner while posted at Auraiya in the Intelligence Unit has been transferred to Civil Police, Jhansi. This order of transfer was challenged by Writ Petition No. 576 of 2010 at Lucknow Bench of this Court. The writ petition was dismissed by learned Single Judge after observing that the impugned order was passed by the Police Establishment Board and the plea of the Petitioner that the order was punitive in nature was not acceptable. The learned Single Judge observed that it was on the recommendation of the Superintendent of Police that the order was passed which showed no infirmity. Though dismissing the writ petition, learned Single Judge gave an opportunity to the Petitioner to make a fresh representation.

(2.) The first question, therefore, is whether the present writ petition being the second writ petition, challenging the same very transfer order dated 20.1.2010, is at all maintainable and what is the effect of the opportunity given to the Petitioner for making representation against the said transfer order, even after dismissing the first writ petition.

(3.) The order of transfer dated 20.1.2010 having been challenged in the first writ petition which stands dismissed, the second writ petition for the same relief against the same order of transfer is not maintainable.