Allahabad High Court
Anil Kumar Singh vs State Of U.P.Thru.Prin.Secy. ... on 9 March, 2021
Bench: Chandra Dhari Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 20
Case :- SERVICE SINGLE No. - 6203 of 2021
Petitioner :- Anil Kumar Singh
Respondent :- State Of U.P.Thru.Prin.Secy. Deptt. Of Home & Ors.
Counsel for Petitioner :- M.P. Raju
Counsel for Respondent :- C.S.C.
Hon'ble Chandra Dhari Singh,J.
The petition seeks issuance of a writ in the nature of certiorari quashing impugned reliving order dated 01.03.2021 passed by respondent no.3 alongwith transfer order dated 12.01.2021 passed by respondent no.2, which are appended with the petition as Annexures - 1 & 2 respectively.
Learned counsel for the petitioner has submitted that the petitioner has been transferred from Gonda to Balrampur vide transfer order dated 12.01.2021 and he has been relieved vide order dated 01.03.2021. It is submitted that the reliving order has been passed in contrary to provisions of Para - 523 of Police Regulations.
Learned counsel has invited attention of the Court towards Disability Certificate of the petitioner (Annexure - 3) and submitted that the petitioner is 40% handicapped, therefore, he should be exempted from general transfer as per Government Order dated 15.09.2003 (Annexure - 4).
At last, without pressing the petition on merit, learned counsel for the petitioner has submitted that the petitioner has represented his case before respondent no.2 i.e. Inspector General of Police, Devi Patan Range, District Gonda and made an innocuous prayer that the said representation may be decided at the earliest taking into consideration his disability.
On a query of this Court, learned counsel has informed that the petitioner has not joined the place where he has been transferred i.e. Balrampur. On instructions, he undertakes that the petitioner shall join the transferred place within 10 days from today i.e. on or before 20.03.2021.
Per contra, learned counsel for the State has vehemently opposed the submissions made by petitioner's counsel and submitted that the petitioner is working on a transferable post. It is settled law that posting of any employee is entirely upon the competent authority to decide when, where and at what point of time a public servant is to be transferred from his present posting. Transfer is not only an incident but an essential condition of service and it does not affect the condition of service in any manner.
Learned counsel has relied on a judgment rendered by Hon'ble Supreme Court in the case of State of Haryana & Ors. v. Kashmir Singh & Ors. - (2010) 13 SCC 306 and submitted that transfer ordinarily is an incidence of service, and the courts should be very reluctant to interfere in transfer orders. Transfer and postings of policemen must be left in the discretion of the State authorities concerned which are in the best position to assess the necessities of the administrative requirements of the situation. These are purely administrative matters, and it is well settled that courts must not ordinarily interfere in administrative matters and should maintain judicial restraint.
Learned counsel for the State while opposing the petition on merits has submitted that he has no objection to the aforesaid innocuous prayer made by petitioner's counsel.
I have heard learned counsel for the parties and perused the record.
Without commenting upon the merits of the case, the petitioner is directed to join the place where he has been transferred i.e. Balrampur within 10 days from today i.e. on or before 20.03.2021. After joining, the petitioner shall make a fresh detailed representation alongwith a copy of this order before respondent no.2 i.e. Inspector General of Police, Devi Patan Range, District Gonda within seven days, who shall consider and decide the same in view of Government Order dated 15.09.2003 after taking into consideration disabilities of the petitioner by way of passing a detailed order within one month.
The order so passed shall be communicated to the petitioner forthwith.
With the aforesaid directions, the instant petition is disposed of.
Order Date :- 9.3.2021
nishant/-
