Allahabad HC Stays Transfer Of Constable Who Had Protested Against Sub-Standard Food Served At Police Mess

The Allahabad High Court has stayed the transfer of a constable who had protested against the sub-standard food being served at the mess at Firozabad Police Line.

The bench of Justice Pankaj Bhatia has stayed the transfer order till the date of next hearing.

In this case, the petitioner-constable was transferred from Firozabad to Ghazipur.

The Counsel for the petitioner argued that although the impugned order reveals that the order was on administrative grounds, however, the same was done as the petitioner had protested against the sub-standard food being served at the mess at Firozabad Police Line.

He contended that on that protest, the petitioner has been transferred to Ghazipur.

Senior Advocate Atipriya Gautam appeared for the petitioner.

The Court observed that the matter required to be considered.

"Considering the submissions as aforesaid, the matter requires consideration.", the Court said.

The Court directed the respondents to file a reply within four weeks.

"Respondents are directed to file the counter affidavit within four weeks. The petitioner shall have four weeks thereafter to file the rejoinder affidavit.", the Court directed.

The Court ordered that the transfer order shall not be given effect to till the next date of hearing.

"Till the next date of listing, the transfer order dated 20.09.2022 shall not be given effect to unless the petitioner has already joined at the new place.", the Court held.

The Court has listed the matter to February 28, 2023, for further hearing.

Cause Title- Manoj Kumar v. State of U.P. & 6 Others

Click here to read/download the Order