SANJAY KUMAR SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) The petitioner has challenged the order dtd. 13/7/2020 passed by State Radio Officer (Administration), U.P. Police Radio Headquarter, Mahanagar, Lucknow, as well as the relieving orders dtd. 14/7/2020 and 15/7/2020 passed by Radio Inspector, Gyanvapi, Varanasi. The petitioner has also challenged the order dtd. 7/10/2020 passed by Additional Director General of Police (Telecom), Uttar Pradesh, Lucknow.

(2.) It has been argued by the learned counsel for the petitioner that the petitioner was working on the post of Head Operator (Mechanic) in U.P. Police Radio Department and was posted in District Mau from July, 2001 to July, 2019. The petitioner made a request for his transfer to Varanasi because his mother was being treated at Varanasi. The petitioner was transferred from District Mau to District Varanasi on 8/7/2019 by the Competent Authority i.e. Deputy Inspector General of Police (Telecom), U.P. Police Radio Headquarter, Mahanagar, Lucknow. It has been argued that while the petitioner was working in Mau, he had made a complaint against his higher officials alleging personal animosity with the petitioner. When the petitioner had made application for transfer from District Mau to District Varanasi, an adverse report was made on such application by the Additional State Radio Officer, Varanasi Zone, Varanasi on 30/5/2019, a perusal of which would go to show that the Additional State Radio Officer, Varanasi Zone, Varanasi was inimical to the petitioner and did not want his transfer to Varanasi. Now the Senior Superintendent of Police, Varanasi Zone, Varanasi on the recommendation of Additional State Radio Officer, Varanasi Zone, Varanasi had recommended the transfer of the petitioner to a different district. His recommendation dtd. 24/5/2020 was relied upon and without any opportunity of hearing being given to the petitioner and without seeking approval of the Competent Authority i.e. Deputy Inspector General of Police (Telecom), the petitioner was transferred from Varanasi to Fatehpur on 13/7/2020. The petitioner went on leave. Suddenly relieving order was issued on 14/7/2020 by the State Radio Officer (Administration), U.P. Police Radio Headquarter, Mahanagar, Lucknow and he was relieved in absentia and the order was pasted at his residence on 15/7/2020.

(3.) The petitioner being aggrieved, filed writ petition before this Court namely Writ-A No. 6619 of 2020 (Sanjay Kumar Singh Vs. State of U.P. and others).