DAYANAND MISRA Vs. STATE OF U P

JUDGEMENT

(1.) PALOK Basu, J. Dayanand Misra, petitioner has filed this writ petition under Article 226 of the Constitution of India praying:- (a) certiorari to quash the order of transfer dated 10th May, 1996, enforced with effect from 15th May, 1996. (b) mandamus commanding the respondents to let the petitioner continue at Ghaziabad as police officer. (c) any other writ.

(2.) WHEN the writ petition was filed on 17-5-1996 a Division Bench called counter-affidavit and stayed the transfer order for a period of four months. In the meantime, counter-affidavits have been filed on behalf of the opposite parties one of which is the State of Uttar Pradesh and the other three are the police officials. Rejoinder affidavit has also been filed and the interim order was extended from time to time. As prayed the writ petition is being heard and finally decided at the admission stage.

(3.) SHRI Hasnain on the other hand has said that the State Government had passed the order of transfer against the petitioner beingprima facie of the view that the allega tions made against seven officials of the police department who were then posted in Modi Nagar Police Station has to be proceeded with departmentally and, there fore, in order that a fair enquiry takes place, the petitioner was transferred.