GOPALJI SRIVASTAVA Vs. INSPECTOR GENERAL OF POLICE KARMIK

JUDGEMENT

(1.) PETITIONER, who is serving as S.I. (M) was posted as Accountant in the office of Senior Supdt. of Police Gorakhpur. By means of the order dated 5-5-1993, he was transferred from Police Office to the Unit of P.A.C. stationed at Gorakhpur. The said transfer was impugned in a writ petition filed in this court on the grounds that it had been made in breach of the Government order dated 9-7-1991 (Annexure-2) spelling out the transfer policy. According to the petitioner, having already served in P.A.C. for about nine years in two spells-from 17-7-1979 to 10-9-90 in the first spell and 2-8-1986 to 10-9-1990 in the second spell in accordance with the circular dated 9-12-1985 issued by Inspector General of police (Personnel) U. P. Lucknow, he was not liable to be transferred again from the Civil Police to P.A.C. and that there was no justification for his transfer within three years of his present place of positing. The said writ petition was finally disposed of by means of the order dated 4-6-1993 studded with the observations that in case the petitioner chose to prefer a representation, the 'appropriate authority' would traverse upon the grievances of the petitioner and pass a reasoned and speaking order disposing of his representation. While disposing of the writ petition, the operation of the transfer order dated 5-5-1993 was stayed initially for 15 days and if a representation was filed within that period, the transfer order was to remain in abeyance, until the disposal of the representation by the 'appropriate authority'.

(2.) THEREAFTER, on 15-6-1993, the petitioner preferred a representation to the Inspector General of Police (Karmik) U. P. Lucknow with the request/prayer to rescind the transfer order dated 15-5-1993. The said representation was filed through proper channel in pursuance of the order dated 4-6-1993 passed by this Court. A copy of the same was attached to the representation aforesaid.

(3.) I have heard the learned counsel for the petitioner as also the Learned Standing Counsel. The Learned Standing Counsel has opened not to file any counter affidavit reckoning with the fact that only legal questions have been pressed into service for determination.