NEELA RAM Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) Petitioner-Neela Ram who is working as Head Constable in Punjab Police Force, has sought writ in the nature of Certiorari for quashing the order dtd. 25/4/2017 (P-2) passed by Additional Deputy Commissioner, Jalandhar, whereby he has been ordered to be transferred from Women Police Station, Jalandhar to Police Station Women in Mansa.

(2.) Learned Counsel for the petitioner has argued that vide the impugned order, petitioner has been ordered to be transferred out of his District, which is not permissible under the Rule 12.1(4) read with 12.26 of the Punjab Police Rules, 1934 without taking prior approval of the Deputy Inspector General of Police of both the Districts. As per him, by doing so, a punishment has been imposed upon petitioner, as seniority of Constables is maintained District Wise and by way of the said transfer, petitioner is bound to loose his seniority. Since, in the present case, the order of transfer from one District to another has been passed, without taking the prior permission, hence his order of transfer is bad in the eyes of law and, therefore, liable to be quashed.

(3.) On the other hand, learned Counsel for the State has argued that the transfer of the petitioner from one place to other is not a punishment. The apprehension of the petitioner that he would loose seniority is completely mis-conceived, as with the enactment of Punjab Police Act, 2007, the seniority of District Police Cadres is maintained at Central Police Office level, in consonance with Sec. 4(b) of the said Act, 2007. It is further argued that in the present case, Rule 12.26 is not at all applicable because the Director General of Police had ordered the transfer of petitioner from Jalandhar to Mansa. Reliance has been placed upon the judgments passed by this Court in CWP No.9666 of 2017 decided on 10/5/2017 (R- 1) and CWP No.13983 of 2016 decided on 29/7/2016 (R-2). Thus, prayer has been made for dismissal of the writ petition.