PREM KUMAR MISRA Vs. STATE OF U P

JUDGEMENT

(1.) Shri Prem Kumar Misra has filed this petition for a writ in the nature of certiorari quashing the impugned transfer order dated 22.8.2002, as contained in Annexure-1 to the petition. During the pendency of the petition, another transfer order dated 6.10.2003 was issued and the same has been challenged and sought to be quashed. Further, the petitioner has prayed for issuance of a writ in the nature of mandamus commanding the Inspector General of Police(Establishment), U.P. Lucknow and all other relevant authorities to adhere to the norms prescribed under the Government Order dated 25.3.1995 and allow the petitioner to work as Inspector of Police, G.R.P., Kanpur Nagar where he was posted prior to the impugned order dated 22.8.2002 having been issued.

(2.) The petitioner's case is that he was posted in G.R.P. Kanpur as Inspector of Police with effect from 26.8.2000 and since then, he was working to the entire satisfaction of his superior authorities. Although, he was not due for his transfer, yet without any rhyme or reason, he was dislodged from the post of Inspector, G.R.P., Kanpur and transferred to Gorakhpur. As a matter of fact, Shri Karamveer Singh Sachan, opposite party No.4 was posted in place of the petitioner as Inspector, G.R.P., Kanpur on the recommendation of one Shri Ashok Katiyar, Member of the Legislative Assembly. Shri Katiyar alleged in the letter (Annexure-2) that Shri Sachan was his close relative and therefore, he might be transferred to Kanpur Nagar. The Government granted his request and posted Sachan in place of the petitioner. Obviously thus, the petitioner's transfer from Kanpur G.R.P. police station was issued under political pressure. The order besides being mala fide was arbitrary and illegal. Apart that, the transfer order was issued in the mid of academic session, as a result of which the education of his children was disturbed. His son Devashish Misra was studying at the relevant time in the final year of Intermediate Science in J.K. Inter College, Kanpur and his daughter was studying in Xith Class(Science) in the same college. If the children were to be shifted, their academic career was likely to suffer a set back, as both of them would have lost one academic year. The petitioner is a low paid servant, therefore, it would have been difficult for him to meet both ends. He had already spent considerable amount on admission, books and other material particulars as directed by the college authorities. The entire money spent by him for the education of his children would go waste if the petitioner was compelled to proceed on transfer at this juncture. In fact, the mid-term transfer of the petitioner was a clear-cut punishment inflicted upon him and his family members. In case of leaving his family to stay back at Kanpur with a view to carry on the education of his children, he would have to bear expenditures of two establishments - one of his own at the transferred place and the other that of his family at Kanpur. Certainly, this would have created a financial crisis for him. Moreover, a mid-term transfer like the one in hand is against the policy of the State Government as envisaged in the Government Order dated 2002. Although, the said transfer policy might be termed to be as non-statutory but it is a settled law that the authority which frames the policy is expected to adhere to it. Otherwise, an action in derogation thereof would be arbitrary and illegal. The petitioner's transfer purports to have been issued on administrative ground, although nothing adverse has been communicated to him. During the pendency of the petition, the petitioner was transferred from one place to another several times and eventually, he was posted as Inspector, Mugalsarai G.R.P. police station vide order dated 2.4.2003. He joined there on 31.5.2003 and since then, he is working there. As he has been dislodged from Kanpur and for months together, he was kept on being shifted from here and there with an intervening order of suspension which was, though, stayed by this Court, he joined at Lucknow, Allahabad and Mugalsarai under protest and subject to the result of the petition. However, barely two months after he joined at Mugalsarai, he was shifted to Lucknow in Anti Corruption Wing of the police establishment.

(3.) The petitioner's transfer order was, however, modified on 24.5.2003 when Shri Narendra Pal Singh was posted as Inspector, G.R.P. Mugalsarai. However, this Court vide interim order dated 7.7.2003, stayed the petitioner's transfer from G.R.P. Mughalsarai. Subsequently, the petitioner was transferred again vide order dated 30.7.2003 from Mugalsarai to Anti-Corruption Organisation, Lucknow. This transfer order was also kept in abeyance but in the meantime, the Government proposed to depute Shri Laxmi Narayan Yadav at Mughalsarai in place of the petitioner and a FAX message dated 6.10.2003(Annexure-7) was received.