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 from Jamnagar City 'B' Division Police Station to 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 and 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 M. P. 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 exhited and infuriated and insulted those police personnel. The news item published in the daily in 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 notice 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.) THE main grievance of the learned advocate Mr. Munshi appearing for the petitioner is that because of the incident which took place on 29th/30th September, 2000, the petitioner is sought to be transferred from his present position as Police Inspector at Jamnagar City 'B' Division Police Station. According to learned advocate Mr. Munshi, it is because of the complaint made to the higher officers in the State that the petitioner has been placed under transfer orders. Mr. Munshi further submitted that the respondent No. 4 has given open threats to the petitioner that he will definitely transfer the petitioner out of the Jamnagar City, and therefore, according to Mr. Munshi, there is no administrative reason and/or public interest involved in the present transfer of the petitioner. Mr. Munshi has further submitted that the incident occurred on the given day, has been noted in the Station Diary and this fact has not been disputed or denied by the respondent no. 4 in her affidavit. Moreover, the articles which have been published and produced at Annexures A and B to the petition, have also not been denied by the respondents, and therefore, this transfer is politically motivated and the respondent nos. 2 and 3 have not applied their mind before pasting the transfer order of the petitioner. According to Mr. Munshi, even the guidelines issued by the State Government have been violated in making transfer order of the petitioner. Mr. Munshi has relied upon Annexures C, D and E and paragraphs Nos. 5/1, 5/3 and 6 of the petition. However, Mr. Munshi has submitted that the family of the petitioner is residing at Ahmedabad and there is no question of any hardship to the petitioner. Mr. Munshi has submitted that the respondent No. 3 has not filed any reply and when specific allegations have not been denied, it amounts to admission on the part of the said respondent No. 3. In short, the submission of Mr. Munshi is that because of the incident which occurred with Mrs. Vasuben Trivedi, the respondent No. 4 is the only ground to transfer the petitioner otherwise there is no reason or cause to transfer him. Mr. Munshi has relied upon the decisions rendered by the Apex Court in AIR (1997) SC 3067; 1986 (4) SCC 131; 1995 (2) GLH 254; 37 (1) GLR 254.