Mahendra Singh vs The State Of Rajasthan
2022 Latest Caselaw 6312 Raj

Citation : 2022 Latest Caselaw 6312 Raj
Judgement Date : 28 April, 2022

Rajasthan High Court - Jodhpur

Mahendra Singh vs The State Of Rajasthan on 28 April, 2022

Bench: Arun Bhansali

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5384/2022

Mahendra Singh S/o Sh. Mahaveer Singh, Aged About 47 Years, Resident Of B-1, Police Quarter Mahila Thana Ke Piche, Chitrkut Nagar, Thana Sukher, District Udaipur.

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Home Affairs, Government Of Rajasthan, Jaipur.

2. The Director General Of Police, Headquarters, Jaipur.

3. The Additional Director General Of Police (Vigilance), Jaipur.

4. The Inspector General Of Police, Udaipur Range, Udaipur.

5. The Superintendent Of Police, Udaipur.

----Respondents

For Petitioner(s) : Mr. Sushil Solanki. For Respondent(s) : Mr. Kailash Choudhary for Mr. Manish Vyas, AAG.

HON'BLE MR. JUSTICE ARUN BHANSALI Order

28/04/2022

This writ petition has been filed by the petitioner aggrieved

against the order dated 9.3.2022 (Annex.2), whereby, the

headquarter of the petitioner has been changed from Udaipur to

Dungarpur.

It is inter alia indicated that by order dated 4.3.2022

(Annex.1), the petitioner was placed under suspension and his

headquarter was fixed at Udaipur. However, by the order

impugned dated 9.3.2022 (Annex.2), the headquarter of the

(2 of 3) [CW-5384/2022]

petitioner has been changed from Udaipur to Dungarpur, without

any cause having been indicated in the order.

Submissions have been made that the issue raised in the

present petition is covered by order in Dinesh Kumar v. State of

Rajasthan & Ors.: S.B. Civil Writ Petition No.11067/2021, decided

on 10.2.2022, wherein, in similar circumstances, the order

directing change of headquarter, has been set aside.

Learned counsel for the respondents is not in a position to

dispute that the issue raised in the present petition is covered by

order in the case of Dinesh Kumar (supra).

In the case of Dinesh Kumar (supra), this Court following the

order in the case of Shubhash Chandra v. State of Rajasthan &

Ors.: S.B. Civil Writ Petition No.10353/2021, decided on 3.9.2021,

upheld by the Division Bench in State of Rajasthan & Ors. v.

Surendra Khokhar: D.B. Special Appeal Writ No.610/2021,

decided on 29.11.2021, came to the following conclusion:-

"The Division Bench, on appeal, came to the conclusion that statutory provisions limit the transfer liability of the Constable and Head Constable within the district and the Assistant Sub Inspector within the Range.

So far as the submissions made by learned counsel for the respondents pertaining to the interpretation of the provisions is concerned, the Coordinate Bench as well as the Division Bench have taken into consideration the provisions of Rules and as such, the submissions made in this regard cannot be countenanced.

Further submissions were attempted to be made by learned counsel for the respondents that present is not a case of transfer and the same is only a change of Headquarter and as such, the ratio in the case of Subhash Chandra (supra) would not apply.

(3 of 3) [CW-5384/2022]

A perusal of the judgment of Subhash Chandra (supra) as quoted hereinbefore would reveal that in para No.42 & 43, the Coordinate Bench has dealt with the said aspect and had negated the said submissions, therefore, the said aspect also is no more res integra.

In view of the above discussion, following the judgments in the case of Subhash Chandra (supra) and Surendra Khokhar (supra), the petitions filed by the petitioners are allowed.