DILEEP KUMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of this writ petition the petitioner who is a Sub Inspector of Civil Police in the State of Uttar Pradesh has challenged the order dated 05.02.2016 passed by the Superintendent of Police, Sultanpur transferring him from the post of Station House Officer, Police Station Kurebhar, District Sultanpur to Police lines Sultanpur.

(2.) The contention of the petitioner is that the impugned action amounts to punishment under Section 7(d) of Police Act, 1861(5 of 1861) (hereinafter referred to as 'the Act, 1861') as the petitioner was paid Rs.300/ - per month as special emoluments on being posted as Station House Officer at Police Station Kurebhar, District Sultanpur which as a result of impugned order will no longer be admissible, consequently, it has resulted in removal of petitioner from an office of special emoluments as was held by the Supreme Court in the case of State of U.P. vs. Jagdev Singh reported in 1984 (Supp) S.C.C. 413. The other contention is that the action is malafide, the factual foundation of which has allegedly been laid down by the petitioner in paragraphs 17 to 23 of the writ petition. According to him political influence had been exercised by one Shrawan Kumar Yadav @ Pintu Yadav who was a candidate for the post of Member of Zila Panchayat, Sultanpur on a ticket of ruling Samajwadi Party. During the course of voting on 09.10.2015 an incident of fighting, firing and brawl amongst his supporters and winning candidate, took place. As the petitioner declined to take the side of Sri Yadav therefore, he threatened him with transfer. Ultimately the impugned order was passed on 05.02.2016. He says that an FIR was lodged at his Police Station against Sri Yadav by the Returning Officer of the Polling both concerned. Sri Yadav is said to have lost the election, therefore, out of ill will he got the petitioner transferred. A charge sheet had already been submitted against Sri Yadav. Earlier also under the influence of one Shakeel Ahmad the petitioner had been transferred vide order dated 15.12.1992 and on a Writ Petition No. 816 (SS) of 2013 being filed by the petitioner this Court had stayed the operation of the said order. Learned counsel for petitioner Sri Amit Bose invited the attention of the Court to the documents annexed with the writ petition including the letter dated 04.02.2016 allegedly written by Sri Yadav to the Chief Minister.

(3.) Learned standing counsel on the other hand contended that an ugly incident took place while the petitioner was posted as Station House Officer during the election to the Zila Panchayat wherein supporters of warring candidates indulged in fighting and firing with fire arms. The Superintendent of Police opined that the petitioner herein who was responsible for maintenance of law and order did not take suitable and prompt action otherwise such an incident could have been avoided. The Superintendent of Police ordered a preliminary enquiry in the matter on 05.02.2016 and on that very day transferred the Officer to the police lines. He also informed that during the pendency of this writ petition he had been posted at Police Station Chanda, District Sultanpur as Sub Inspector. The transfer order had not been passed by way of punishment but on considering the exigency and administrative need.