BHIKHUBHA BALUBHAI JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner herein is serving as a Police Inspector in Jamnagar 'B' Division Police Station since 11th November, 1995. He had joined services in the said Department as a Police Constable in the year 1965 and had thus rendered 35 years of meritorious and satisfactory services. However, by Order dated 17th June, 1999 issued by the DSP, Jamnagar, the petitioner is transferred to Jamnagar City `B' Division Police Station from ACB Jamnagar. The petitioner has recently taken over the charge as Police Inspector, Jamnagar City `B' Division Police Station on and with effect from 21st June, 2000. The elections of the Corporator of Jamnagar Municipal Corporation and members of the Panchayat were conducted on 17th September, 2000 and 24th September, 2000 respectively and the counting of votes had been conducted on 29th September, 2000 and 30th September, 2000. The petitioner had been on duty due to elections on 29th September, 2000 from 6.30 hours to 24.00 hours and on 30th September, 2000 from 7.30 hours to 24.00 hours and on 1st October, 2000 throughout the counting and was supervising law and order situation with the help of the other police personnel. The counting process of election of candidates of Municipal Corporation and Panchayat members was going on 29th & 30th September, 2000 at Jamnagar. On the midnight of 1st October, 2000 beginning from 00.00 hours while the Police Constables named Shri N.H Der and Shri Vasantkumar Ramjibhai were on duty at the midnight of MP Shah Commerce College and at about 00.05 hours, some political agents or interested persons of the candidate of BJP were illegally trying to enter into the said premises as they were not holding any pass or permit and tried to enter with the Cellular Phone which was impermissible to be kept with. The Police Constables on duty politely prevented them from illegal entry and on seeing this, the respondent no. 4 who was present there around alongwith BJP President, Shri Hitenbhai Bhatt and 8 to 10 persons got unnecessary exited and infuriated and insulted those police personnel. The news item published in the daily newspaper `Aaj Kaal' dated 13th October, 2000 wherein a prominent political leader of Bharatiya Janata Party and the Chairman of Gujarat Tourism Development Corporation, etc. Smt. Vasuben Trivedi had brought undue political pressure on the administrative machinery of the State Government to transfer the petitioner from Jamnagar to any other place outside the City of Jamnagar and she challengingly asked the petitioner to transfer anywhere other than Jamnagar. The respondent no. 3-the District Superintendent of Police, Jamnagar has issued a transfer order dated 25th October, 2000 transfer the petitioner from Jamnagar City 'B' Division Police Station to CID Crime Branch. It is this order of transfer, which is brought under challenge by the petitioner herein.

(2.) When the matter came up for admission hearing on 1st November, 2000, this Court [Coram : J.R Vora, J.], issued notices to the respondents making it returnable on 6th November, 2000 with a direction to keep ready in the Court, all the relevant records pertaining to the petitioner, on the returnable date. The respondent nos. 1,2 and 3 have filed their detailed reply against the present petition and the respondent no. 4 has also filed his reply on 13th November, 2000. However, no rejoinder has been filed by the petitioner.

(3.) I have heard the learned advocates appearing for the respective parties.