HARJEET SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) SINCE common questions of law and facts are involved in these petitions, the same were taken up together for hearing and are being disposed of by a common judgment.

(2.) THE petitioners were members of the special team investigating F.I.R. No. 288 of 2010, dated 7.9.2010. According to the averments contained in the petitions, the police had seized 3 Kgs. 500 Gms. of charas. However, according to the accused persons, the quantity of charas was more than 5 kgs. In view of this, the petitioners in CWP No. 7274 of 2011 and in CWP No. 7491 of 2011 were transferred to 1st IRB, Bangarh and petitioner in CWP No. 7232 of 2011 was transferred to 6th IRB, Kolar at Sirmaur, on 24.9.2010. These orders were not given effect to, but the petitioners apprehend that these orders are likely to be given effect to and thus, the petitioners have approached this Court. The respondent -State was directed to seek instructions whether the petitioners could be adjusted in the adjoining districts. Mr. Vikas Rathore, learned Deputy Advocate General, on the basis of instructions imparted to him, submits that since serious allegations have been leveled against the petitioners, they cannot be adjusted in the districts.

(3.) MR . Sanjeev Bhushan and Mr. Rakesh Chandel, learned counsel for the petitioners have strenuously argued that the petitioners are honest and up -right officers and nothing adverse has been found against them even after holding the inquiries against them. They also argued that the transfers of the petitioners are not in conformity with the established procedure.