K G MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed by the petitioner who is serving as a District Superintendent of Police ("DSP" for short) against an order of transfer. By the impugned order, the petitioner, who was serving as DSP, Patan is transferred to the post of S.R.P. Commandant Group 10, Ukai, District Surat.

(2.) It is the case of the petitioner that he joined services of the State Government as PSI on 4th of January 1963, On 4th of October, 1974, he was promoted to the post of Police Inspector, On 3rd of October, 1979, he was further promoted to the post of Dy. S. P., and on January 3, 1989, he was promoted as DSP and posted at Gandhinagar. Thereafter, he was transferred at various places.

(3.) By the impugned order, dt. April 27, 1995 which was not annexed alongwith the petition at the initial stage, the petitioner was transferred from Patan to Ukai in public interest. The said order was, however, placed on record at the time of hearing. Initially, when the matter was placed for hearing, this court (Coram : M.S. Parikh, J.) issued notice on May 1, 1995 by making it returnable on May 5, 1995. Meanwhile the petitioner was permitted to continue on leave. It appears that ad. interim relief was continued from time to time. Thereafter, when the matter came up before my learned brother M.R. Calla J. on 7th July, 1995, rule was issued since no reply affidavit was filed by the respondents against whom serious allegations of malafides were levelled by the petitioner. Ad. interim relief was also ordered to continue. Then the matter came up for hearing before my learned brother S.K. Keshote J. on July 28, 1995 and my learned brother passed the following order: