(1.) THE petitioner has challenged his transfer order dated 7.1.2013 (Annexure P -4), whereby, he has been transferred from the post of Superintendent of Police (Communication & Technical Services), Shimla to Superintendent of Police (LR / Tech), PTC (Police Training College), Daroh, along with 16 other police officers of IPS / HPPS cadre. The petitioner has also prayed that he may be allowed to continue as Superintendent of Police (Communication & Technical Services), Shimla. 1 Whether the reporters of the local papers may be allowed to see the Judgment?
(2.) BRIEF facts, necessary for adjudication of the writ petition, are that the petitioner, possessing degree of B.E. (Electronics), was selected to the post of Deputy Superintendent of Police (Wireless) on 26.10.1999, in reference to open selection conducted by H.P. Public Service Commission (in short called 'Commission '), in the year 1999. Thereafter, the petitioner was promoted as Additional Superintendent of Police (Wireless) on 10.5.2003 and Superintendent of Police (Communication & Technical Services) Himachal Pradesh on 28.2.2009 (Annexure P -1) on that post he remained on probation for a period of two years and was confirmed to the said post on 15.12.2011, since then, the petitioner is working at Shimla. According to the petitioner, the prescribed technical qualification to the post of Superintendent of Police (Telecom) is M.Sc (Physics) or B.E. in Electronics / Telecom Engineering or equivalent.
(3.) IT has also been argued for the petitioner: - (a) The provisions of Section 56(1)(iv) of Himachal Pradesh Police Act, 2007 (for short called 'Act 2007 ') provides that proposals for transfers and postings of Gazetted Officers are to be made on the recommendation of a State Police Establishment Committee comprising of Director General of Police (as head of the Committee) and four other senior Police officers (not below the rank of Inspector General of Police), however, dehors such provisions of 'Act 2007 ', the impugned transfer order of the petitioner has been made, as such, the same is illegal. For convenience, the provisions of Section 56(1)(iv) of the 'Act 2007 ' is reproduced as below: -
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