The main legal point established in the judgment is the authority of the Police Radio Establishment Board to consider and approve transfer orders for subordinate officers of the Police Radio Establishment, as well as the empowerment of the Appointing Authority under the Uttar Pradesh Police Radio Sub-ordinate Officers' Service Rules, 2015.

JUDGMENT :

1. The petitioner has challenged the order dated 13.07.2020 passed by State Radio Officer (Administration), U.P. Police Radio Headquarter, Mahanagar, Lucknow, as well as the relieving orders dated 14.07.2020 and 15.07.2020 passed by Radio Inspector, Gyanvapi, Varanasi. The petitioner has also challenged the order dated 07.10.2020 passed by Additional Director General of Police (Telecom), Uttar Pradesh, Lucknow.

2. It has been argued by the learned counsel for the petitioner that the petitioner was working on the post of Head Operator (Mechanic) in U.P. Police Radio Department and was posted in District Mau from July, 2001 to July, 2019. The petitioner made a request for his transfer to Varanasi because his mother was being treated at Varanasi. The petitioner was transferred from District Mau to District Varanasi on 8.7.2019 by the Competent Authority i.e. Deputy Inspector General of Police (Telecom), U.P. Police Radio Headquarter, Mahanagar, Lucknow.

It has been argued that while the petitioner was working in Mau, he had made a complaint against his higher officials alleging personal animosity with the petitioner. When the petitioner had made application for transfer from District Mau to District Varanasi, an adverse report was made on such application by the Additional State Radio Officer, Varanasi Zone, Varanasi on 30.05.2019, a perusal of which would go to show that the Additional State Radio Officer, Varanasi Zone, Varanasi was inimical to the petitioner and did not want his transfer to Varanasi. Now the Senior Superintendent of Police, Varanasi Zone, Varanasi on the recommendation of Additional State Radio Officer, Varanasi Zone, Varanasi had recommended the transfer of the petitioner to a different district. His recommendation dated 24.05.2020 was relied upon and without any opportunity of hearing being given to the petitioner and without seeking approval of the Competent Authority i.e. Deputy Inspector General of Police (Telecom), the petitioner was transferred from Varanasi to Fatehpur on 13.07.2020. The petitioner went on leave. Suddenly relieving order was issued on 14.07.2020 by the State Radio Officer (Administration), U.P. Police Radio Headquarter, Mahanagar, Lucknow and he was relieved in absentia and the order was pasted at his residence on 15.07.2020.

3. The petitioner being aggrieved, filed writ petition before this Court namely Writ-A No. 6619 of 2020 (Sanjay Kumar Singh Vs. State of U.P. and others).

4. This Court noted the submission made by the learned counsel for the petitioner that the order was passed with malicious intent and that it was passed by an incompetent authority and also noted the submissions made by the learned Standing Counsel that under the Uttar Pradesh Police Radio Sub-ordinate Officers' Service Rules, 2015, the Appointing Authority of the petitioner is the State Radio Officer and the Appointing Authority can also transfer the petitioner. Moreover, such transfer order had been issued after recommendation dated 13.07.2020 of the U.P. Police Radio Establishment Board of which Deputy Inspector General of Police (Telecom) and Inspector General of Police (Telecom) are members and an employee of the Police Radio Department can be transferred from one Zone to another Zone only by the U.P. Police Radio Establishment Board. This Court was not satisfied with the submission of the learned counsel for the parties but observed that the petitioner had already approached the authority concerned by moving a representation and the matter be looked into and decided by the Competent Authority i.e. Deputy Inspector General of Police within a period of two weeks from the date of passing of the order dated 28.09.2020 and that for a period of two weeks, since the petitioner was already on medical leave, no action be taken against him for not joining at his transferred place of posting and the final decision of the Authority be awaited.

5. It has been argued that in pursuance of the order passed by this Co