MOHHAMAD RAUF KHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has filed the present petition being aggrieved by the order dated 17/9/2020 passed by respondent no. 2 whereby he has been transferred from Narcotics Cell, Neemuch to C.I.D. Headquarters Bhopal.

(2.) The petitioner is working as Sub-Inspector, in the police department. The petitioner has assailed the validity of the transfer order on the ground of victimization due to frequent transfers within a short period. Accordingly to him vide order dated 17/1/2019 he was transferred from the police station-Khachrod to Narcotics Wing headquarter Indore, and thereafter, he was posted at Neemuch Cell. He has not completed the normal tenure of posting i.e. three years. During this short period, he has got success in the registration of 17 criminal cases and seizure of 80 quintals of poppy straw valued at Rs. 1,16,02,000.00 and arrested 15 accused persons. He has also registered 12 cases involving the seizure of 26 kg 900 grams of opium valued at Rs. 53,80,000.00 and the arrest of 19 accused persons. Likewise, he has recovered 20 grams of smack worth rupees two crores and arrested two accused persons. Since the 2013 Narcotics Cell, Neemuch could not register the total number of NDPS cases which he alone has registered in the year 2019 - 2020 therefore, there is no reason to transfer him from such a sensitive place to C.I.D. Police headquarters, Bhopal. It is further submitted that the petitioner is a permanent resident of Ratlam and his informer system is so strong at Neemuch and Mandsaur and due to which he has got success in registering 39 criminal cases during this short period. His work is being appreciated by local residents and the print media has given complete coverage by appreciating his work therefore, in the interest of justice also his transfer from the present place of posting is liable to be set aside.

(3.) After notice to the respondents have filed the reply denying the averments made in the writ petition. According to the respondents, it is purely an administrative transfer. The petitioner is not the only police officer in the entire police department who has secured various awards. His services are liable to be utilized at police headquarters. It is further submitted that in his entire service tenure from the year 2011 to 2019 most of the time he remained posted nearby his home district Mandsaur. The first time he has been transferred from Neemush-Mandsour region to Bhopal therefore, no interference is called for hence, the writ petition is liable to be dismissed.