RAGHURAJ BAHADUR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Standing Counsel representing the respondents.

(2.) BY means of this petition, under Article 226 of the Constitution of India, the petitioner, who is Constable and posted in the Summon Cell since 2011, has challenged the order dated 30.07.2012 passed by Superintendent of Police, Kannauj transferring his services along with various other Constables from Summon Cell, Kannauj to Police Station Chibramau, Kannauj on the ground that there is no prior permission of District Judge/Chief Judicial Magistrate hence his transfer is in violation of the circulars issued by this Court.

(3.) IN the instant case, there is no such allegation nor any such ground has been raised in the writ petition. The only point raised is that the impugned order of transfer is in violation of circular issued by this Court. It is well settled legal position that such Government Orders /Circulars providing instruction for transfer of an employee are in the nature of guidelines or policy without having any statutory force and, therefore, violation thereof does not confer any legally enforceable right. It is merely an executive instruction. In the matter of transfer judicial review is permissible only where it is found to be arbitrary or in violation of any statutory rules or where it amounts to reduction in rank or loss of emoluments or affected on account of malafide. Reference may be made to the judgment of Apex Court in the case of Mrs. Shilpi Bose and others Vs. State of Bihar and others, AIR 1991 SC 532 wherein in para 4 of the judgment, it has been observed as under :