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Allahabad HC Temporarily Stays Transfer Of A Radio Inspector Accused Of Posting Objectionable Material Against UP CM On WhatsApp

Sparsh Upadhyay
25 Oct 2021 4:47 PM GMT
Allahabad HC Temporarily Stays Transfer Of A Radio Inspector Accused Of Posting Objectionable Material Against UP CM On WhatsApp
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The Allahabad High Court recently stayed the transfer order passed against a Radio Inspector who allegedly made some indecent comments against Uttar Pradesh Chief Minister, Yogi Adityanath, noting that in the enquiry report, the charge against the petitioner was not found proved.The Bench of Justice Saral Srivastava further permitted him to submit a detailed representation against...

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The Allahabad High Court recently stayed the transfer order passed against a Radio Inspector who allegedly made some indecent comments against Uttar Pradesh Chief Minister, Yogi Adityanath, noting that in the enquiry report, the charge against the petitioner was not found proved.

The Bench of Justice Saral Srivastava further permitted him to submit a detailed representation against the transfer order before the Deputy Inspector General of Police (Operation) (Police Telecommunication), U.P.

In view of the fact that he was allowed to submit a representation, the Court also stayed the transfer order and relieving order against him for a period of three months or till disposal of representation of petitioner, whichever is earlier.

The matter in brief

Essentially, in September 2021, the petitioner was ordered to be transferred from District Agra to Kanpur Outer on the ground that he had forwarded some objectionable post on the Whats-app Group and, accordingly, an enquiry was instituted against the petitioner.

Importantly, as per the FIR registered against the petitioner in the instant matter, he had made some indecent remarks against UP CM and had also made remarks regarding religious sentiments and against Gods.

The FIR, accessed by Live Law, states that the petitioner, crossing all the limits, made indecent remarks which amount to indiscipline by a man of the police force.

In the aforesaid backdrop, the petitioner had been transferred on administrative exigency after seeking approval from the Police Radio Establishment Board.

Submissions put forth

Challenging the said order, the petitioner's counsel contended that the impugned transfer order was punitive in nature, inasmuch as a perusal of the order reflected that the reason for transferring the petitioner was that he had posted some objectionable post/material on the Whats-app Group.

Thus, it was contended that the transfer order is not on the administrative exigency of service, though, the order recites that in an administrative exigency of service the petitioner has been transferred.

On the other hand, the Counsel for the state justified the transfer order on the ground that he had posted some objectionable post on Whatsapp Group and, therefore, he contended that for better administration, he had been transferred in administrative exigency of service.

Court's observations

Taking into account the submission of the counsel for the petitioner that in the enquiry report conducted by Additional State Radio Officer, Agra Zone, Agra against the petitioner, the charge against the petitioner was not found proved and further, noting that he is due to retire in the month of January 2023 and only 16 months of service of the petitioner is left, the Court issued the following order:

"...the petitioner may be permitted to submit a detailed representation against the transfer order before the respondent no.3-Deputy Inspector General of Police (Operation) (Police Telecommunication), U.P. Police Radio Headquarters, Mahanagar, Lucknow within a period of two weeks from today...In case, any such representation is filed by the petitioner, as directed above, the respondent no.3 shall consider and decide the same strictly in accordance with law, by a reasoned and speaking order, preferably within a period of two months thereafter."

Sr. Advocate Vijay Gautam, Advocates Atipriya Gautam and Ishir Sripat appeared for the petitioner

Case title - Kuldip Singh v. State Of U.P.Through Addl. Chief Secretary/Principal Secretary And 4 Others

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