JAI SINGH DHURVE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE petitioner, who is Town Inspector, Police Station, katghora, District - Korba, has impugned order dated 1. 1. 2008 (Annexure P/1), whereby he was transferred to reserved Center, Korba.

(2.) SHRI Shailendra Dubey, learned counsel appearing for the petitioner submits that the posting of the petitioner at the particular post is regulated as per the circular dated 9. 2. 2007 issued by the Home Department, Government of chhattisgarh, wherein it is clearly provided that the minimum period for the posting of Town Inspector would be two years. He further submits that the transfer order does not indicate the administrative exigency. Thus, the case of the petitioner does not fall under the provision of sub-section (2) (i) of Section 14 of the Chhattisgarh Police act, 2007 (for short 'the Act, 2007' ).

(3.) SHRI U. N. S. Deo, learned Govt. Advocate appearing for the respondents No. 1 to 5 and Shri Mateen Siddque, learned counsel appearing for the respondent No. 6, per contra, would submit that sub-section (2) (i) of Section 14 of the Act, 2007 is a nonabstante clause and the minimum tenure for two years fixed for an officer Incharge of police station may be reduced consequent upon administrative exigency, recorded in writing.