BISHAN PAL MALIK Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioners posted as Sub -Inspectors in U.P. Civil Police, have challenged the orders dated 10 -8 -2002 issued by the Deputy Inspector of General of Police (Establishment) U.P. Police Headquarters, Allahabad, by which they have been transferred from Bulandshahr to different Zones in the State of U.P. They have also prayed for quashing the order dated 11 -8 -2002 issued by the Senior Superintendent of Police, Bulandshahr communicating orders of their transfer, and indicating the districts to which they have been transferred.

(2.) I have heard Sri Ashok Khare, Senior Advocate, assisted by Sri Vikram D. Chauhan for petitioners; and learned Advocate General, Assistant by Sri Hanuman Upadhyaya, Additional Chief Standing Counsel for respondents.

(3.) ON 9 -8 -2002, the Deputy Inspector General of Police, Meerut Range, Meerut conducted an inspection and immediately thereafter impugned orders have been passed. Learned Counsel for petitioners relied upon the averments made in para 39 of the writ petition in which it has been stated that it is solely on account of the aforesaid incident which had taken place that all the Police Officers belonging to Jat Thakur community and posted as Sub -Inspectors of Inspectors in District Bulandshahr have been transferred to district places even though none of them has been due for any such transfer. It is further stated in para 40 of the writ petition, that in fact, a list of Sub -Inspectors posted in Bulandshahr had been asked for by the Police Headquarters and as also the Inspector General of Police (Establishment) and the same was sent by fax, to the aforesaid authorities. Annexure -4 to the writ petition is the list of 125 Sub -Inspectors Civil Police, posted at Bulandshahr. Their names, caste, home district and date of posting at Bulandshahr have been described in 1st, 2nd, 3rd and 4th columns respectively in the list. It is submitted that the list contained all the confidential information pertaining to each of the Sub -Inspector posted in district and such list can only be prepared by the person having access to the service record of all the Sub -Inspectors. This list surprisingly contains a separate column specifying the caste of every Sub -Inspector, belonging to Jat or Rajpoot community have been picked up for transferring out of District Bulandshahr and not even a single Sub -Inspector belonging to Jat or Rajpoot community continues to be posted in District Bulandshahr. The incident was widely published in newspapers which triggered immediate response for transferring all the Sub -Inspectors, belonging to Jat and Rajpoot community posted at Bulandshahr. It is contended that the Government does not justify the pattern of transferring them from Bulandshahr to different districts and far away places, as they were posted at Bulandshahr for periods ranging from one year to nine years and that there was no uniform policy and that the transfer orders have not been passed for achieving administrative purpose or in the exigency of administration, except to punish the Sub -Inspectors of particular caste as a whole which amounts to colourable exercise of powers. It is submitted that such exercise of administrative powers is detrimental to public purpose, especially to police personnels, and effects their morale, efficiency and divides the entire police force on caste lines and causes invidious discrimination.