LAWS(ALL)-2016-3-208

DHANERAJ Vs. STATE OF U P AND ORS

Decided On March 02, 2016
Dhaneraj Appellant
V/S
State Of U P And Ors Respondents

JUDGEMENT

(1.) This special appeal has arisen from a judgment and order of the learned single Judge dated 3 February, 2016.

(2.) The appellant is an Assistant Sub-Inspector of Police. He was transferred on his request by the Deputy Inspector General of Police, Chitrakoot Division to Banda. Subsequently, on 3 November, 2015, the appellant was transferred from Banda to Mahoba. The appellant filed a writ petition seeking a writ of certiorari to quash the order of transfer dated 3 November, 2015, a mandamus to the Deputy Inspector General of Police, Chitrakoot Division not to transfer him from Banda to Mahoba and not to interfere in the "peaceful functioning" of the appellant and a mandamus to dispose of his representation.

(3.) The learned single Judge declined to entertain the writ petition. The principal ground which has been urged before the learned single Judge and in support of the special appeal is that the transfer was vitiated by mala fides. The learned single Judge noted that the appellant made allegations against one Mohd. Raees Ahmad, Senior Assistant Sub-Inspector at Chitrakoot Dham. During the course of the hearing, the learned counsel states that he is in the office of the Deputy Inspector General of Police. The allegation of the appellant is that Mohd. Raees Ahmad demanded commission from the appellant and since this was not paid, he has been transferred.