VIJAY PAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The three petitioners viz. Vijay Pal Singh, Sudhir Swaroop Bhatnagar and Dev Raj Puri, who are the Senior Prosecuting Officers (ordinary scale) have come to challenge the order of their transfer from the place of present posting to different places. Vijay Pal Singh has been transferred from Etawah to Haridwar while Sudhir Swaroop Bhatnagar and Dev Raj Puri have been transferred respectively to the Police Training College I and II Moradabad.

(2.) The petitioner Vijay Pal Singh is presently posted as the Senior Prosecuting Officer, Etawah. One Ghanshyam Das Sharma who was posted at Ghaziabad was transferred on administrative ground to Etawah in place of Sri Vijay Pal Singh who was transferred to Ghaziabad by the order dated 28-9-1995. The said order was cancelled on 18-12-1995. On 16-7-1996 another order was passed by which Vijay Pal Singh was transferred from Etawah to Haridwar. His grievance is that he has to attain the age of superannuation on 31st July, 1997, and, therefore, his transfer from Etawah to Haridwar is against the norms guidelines set out by the Government for implementing the transfer policy and that the change has been effected with a view to accommodate Dev Raj Puri at Ghaziabad.

(3.) Sudhir Swaroop Bhatnagar, petitioner, has been transferred from Bulandshahr to Police Training College II, Moradabad by order dated 16-8-1996. According to him, he had been transferred on a teaching post and his transfer order is, therefore, violative of the provisions of the Sec. 25 of the Code of Criminal Procedure.