Allahabad High Court
Ram Kripal Yadav S/O Bhual Yadav ... vs State Of U P Thr.The ... on 7 December, 2011
Bench: Uma Nath Singh, Devendra Kumar Arora
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 2
Case :- SPECIAL APPEAL No. - 765 of 2011
Petitioner :- Ram Kripal Yadav S/O Bhual Yadav (In W P No.2053 S/S 11 )
Respondent :- State Of U P Thr.The Prin.Secy.Home & 5 Ors.
Petitioner Counsel :- Amit Bose
Respondent Counsel :- C.S.C.
Hon'ble Uma Nath Singh,J.
Hon'ble Devendra Kumar Arora,J.
We have heard learned counsel for parties and perused pleadings of the special appeal.
It appears from the pleadings that the appellants while being posted as police constables at Police Station Mahrajganj, situated on Indo Nepal International Border were transferred on the basis of Intelligence Input against them vide order dated 14th March, 2010. Further, that order was challenged in Writ Petition No. 1724 (SS) of 2010 (Ajit Kumar Singh and others vs. State of U. P. & others), setting out the background which led to passing of the impugned transfer orders. That writ petition was allowed by the learned Single Judge of this Court on the ground that the mandate of the judgment of the Hon'ble Apex Court rendered in Prakash Singh & others vs. Union of India & others (2005) 8 SCC 1) regarding seeking approval of the Police Establishment Board, was not complied with. Thereafter the impugned fresh orders dated 25.3.2011 vide Annexures No. 5 & 6 to the writ petition, were passed by the Police Establishment Board whereby the appellants have been transferred to districts Mahoba and Banda. Admittedly, the appellants being members of a discipline State Police Force, have not yet joined at the places of their postings and they have been recorded as absentee by the Department.
Learned counsel for appellants, Sri Amit Bose, submitted that the impugned orders are not sustainable in law inasmuch as they are punitive in nature and have been passed without affording opportunity to the appellants by way of issuing show cause. Sri Bose relied upon a judgment of Hon'ble the Apex Court reported in (2009) 2 SCC 592 (Somesh Tewari vs. Union of India & others) in support of his contention. Learned counsel also submitted that though the Court had directed the production of original record but the learned Single Judge, who has passed the impugned order, did not peruse the same during the course of hearing.
On the other hand, Smt. Sangeeta Chandra, learned Additional Chief Standing Counsel contended that the Police Establishment Board has passed the impugned transfer orders on the basis of Intelligence Input and following the directions as contained in judgment of Prakash Singh's case (supra). Moreover, the incriminating materials said to have been collected by the Intelligence against the appellants have not been placed in their service records, perhaps in the public interest. Smt. Chandra also submitted that vide para 17 of the Application for Interim Relief filed in this Special Appeal, it appears that the learned Single Judge has already perused the record, although Sri Bose refutes the contention by referring to para 19 thereof.
On due consideration of rival submissions, we do not find any force in the contentions of learned counsel for the appellants for the reasons that the appellants being the members of a disciplined State Police Force were expected to conduct in a dignified manner but they have betrayed the confidence of State, particularly when they had remained posted at a sensitive place on International Border namely, Indo Nepal Border. Their conduct as referred to in paras 3 & 5 of the counter affidavit to the earlier writ petition, would show that if they were allowed to stay at the earlier place, they may pose serious potential danger to the security of the State which no authority could ever risk in the present scenario of deteriorating law and order position in the country. It would be causing a serious danger in case such loopholes on being detected, are not plugged in time.
We have also carefully read the judgment passed by the Hon'ble Apex Court in the matter of Somesh Tewari (supra). However, the said judgment has been passed in the case of a member of an Indian Revenue Service who was not posted on an International Border and, thus, we are not able to persuade ourselves to apply the ratio in the instant case. Moreover, the impugned orders which had been passed by the State Government, were quashed by the Hon'ble Single Judge, as referred to herein above, and thereafter, the Police Establishment Board after proper application of mind have passed the impugned order dated 25.3.2011 in terms of ratio of Prakash Singh's case (supra). The order was passed on administrative ground as is reflected in paras 3 & 5 of the counter affidavit filed in earlier writ petition. The averments made therein, on reproduction, read as under:
3.That regarding contents of para 4 of the writ petition, it is stated that the Local Intelligence Unit (L.I.U.), Maharajganj, had made secret inquiries into the conduct of the petitioners and had found that the petitioners were always adopting pressure to be posted in the police stations and chowkis, which are near the Nepal Border, as they were having nexus with the unsocial (anti-social) elements including smugglers and some of the petitioners were having illicit relations with ladies of that area and wanted to remain posted there, some of them were habitual of (in) taking intoxicated (intoxicant) drinks and creating nuisance in and around the Government accommodations provide(d) to them.
5. That the contents of para 6 of the writ petition are denied as being wrong and baseless. The petitioners have been transferred on administrative reasons and the transfer orders are totally legal and justified having been passed in public interest.
We may also notice that despite the orders passed by the Police Establishment Board six months back on 25.3.2011, the appellants have deliberately avoided to comply with the orders and they have not yet joined at the places of their transfer- postings which need to be viewed and dealt with seriously and firmly.
We are also surprised as to why the State Police Department has not proceeded against such type of indisciplined police personnels which may perhaps send a wrong message across the State in Police Force. We may also notice that in giving posting of police and other service personnels on the Indo Nepal International Border, it would be appropriate for the State Government to seek intelligence clearance before passing the posting orders.
The Special Appeal is, thus, dismissed.
Order Date :- 7.12.2011
ashok
