HAROON YUSUFBHAI KADIWALA Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) Heard learned Counsels for the respective parties. Matter is taken up for final disposal forthwith.

(2.) The present appeal has been preferred challenging the judgment and order passed by the learned Single Judge dated 10.08.2010 whereby the petition of the Petitioner came to be dismissed under the following factual background.

(3.) The Appellant-original Petitioner was serving as an Unarmed Head Constable at Khatodara Police Station, Surat. He came to be transferred vide order dated 23.03.2010 passed by the Police Commissioner, Surat City to Sabarkantha District and was placed at the disposal of Superintendent of Police, Sabarkantha, Himmatnagar. Aggrieved by the said order of transfer, Appellant-original Petitioner challenged the same by filing Special Civil application No. 3739 of 2010. Before the learned Single Judge, the principal contention canvassed by the learned Counsel for the Petitioner was that posts of Head Constable/Constable are in District Cadre and the Superintendent of Police or Deputy Commissioner of a District is the appointing authority under Rule 70 of the Police Manual. Therefore, a Head Constable/Constable cannot be transferred from one District to another District. The second contention before the learned Single Judge was that the order of transfer is punitive in nature for legitimate association activities of the Petitioner. It was also submitted before the learned Single Judge that the order of transfer is nothing, but a colourable exercise of power, and has nothing to do with the administrative exigency. Learned Single Judge considered all the above referred contentions, and ultimately dismissed the petition holding that prima facie no case of malafides and prejudice have been made out and the Court would not go into the question of sufficiency of reasons for transferring the Petitioner in public interest.