Ugam Dan vs The State Of Rajasthan ...
2024 Latest Caselaw 1892 Raj

Rajasthan High Court - Jodhpur

Ugam Dan vs The State Of Rajasthan ... on 26 February, 2024

Author: Rekha Borana

Bench: Rekha Borana

[2024:RJ-JD:9776]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Writ Petition No. 2027/2022

Ugam Dan S/o Shri Tikam Dan, Aged About 43 Years, R/o Village
Dedariyar, Tehsil Gadra Road, District Barmer, Rajasthan.
                                                                          ----Petitioner
                                        Versus
1.       The State Of Rajasthan, Through The Secretary,
         Department Of Home Affairs, Government Of Rajasthan,
         Jaipur.
2.       The Director General Of Police (Headquarter), Jaipur.
3.       The Inspector General Of Police, Jodhpur Range, Jodhpur.
4.       The Superintendent Of Police, Barmer, District Barmer.
                                                                       ----Respondents


For Petitioner(s)             :     Mr. Manvendra Singh
For Respondent(s)             :     Mr. Anil Kumar Bissa



              HON'BLE MS. JUSTICE REKHA BORANA

Order

26/02/2024

1. Matter comes upon an application under Article 226 (3) of

the Constitution of India for vacation of the interim order dated

05.02.2022 whereby the effect and operation of the order dated

11.01.2022 (Annex.3) and relieving order dated 29.01.2022

(Annex.4) had been stayed. Vide the order impugned,

headquarter of the petitioner, who is a Head Constable, was

changed from Barmer to Jodhpur Rural.

2. The case of the petitioner is that the petitioner has been

transferred from one range to another which could not have been

done in terms of the provisions and the rules governing the

transfer/deployment of the employees of the police department.

3. Learned counsel for the petitioner, in support of his

submission, relied upon the Division Bench judgment of this Court

[2024:RJ-JD:9776] (2 of 2) [CW-2027/2022]

in D.B. Special Appeal Writ No.609/2021; State & Ors. vs.

Achala Ram (decided on 01.12.2021) wherein it has been held

that the statutory provisions, limit the transfer liability of a

Constable and Head Constable within the district, and the

Assistant Sub-Inspector within the range.

4. Admittedly, the petitioner is a Head Constable and vide the

order impugned, he has been transferred out of the district,

maybe within the range.

5. Counsel for the respondent could not point out any provision

which prescribes for the transfer/deployment of a Constable/Head

Constable out of the district.

6. As held in the case of Achala Ram (supra), the posting of

the police officials outside their zone of transfer liability are not

permissible in the guise of deployment. The action of the

respondent-Department in deploying the petitioner out of his

home district i.e. Barmer cannot be affirmed in view of the ratio as

laid down in the Division Bench judgment.

7. Further, it is also admitted on record that the suspension of

the petitioner has been revoked vide order dated 24.07.2023.

8. In view of the settled position of the law, the orders

impugned cannot be affirmed. Hence, the present writ petition is

allowed. Impugned order dated 11.01.2022 and further the

relieving order dated 29.01.2022 are hereby quashed and set

aside.

9. Stay petition stands disposed of.

(REKHA BORANA),J 47-T.Singh/Chhavi/-

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