PRITHI PAL Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioners were transferred by a general transfer order dated 9 -6 -1997. The same was challenged by these petitioners before the Administrative Tribunal. By order dated 9 - 7 -1997 the Tribunal dismissed the petitioner. The order which contains the reasoning of the Tribunal is the order relating to Chain Singh and others. The Tribunal has opined that Section 22 of the I Police Act shows that the entire police force in the State is one which can be employed in any part of the general police district. It is also further found by the Tribunal that in so far as the State of Himachal Pradesh is concerned, there is no separate Railway Police District and there is only one general Police District for the whole State which is the provincial Police District. After referring to para 12.22 of the Punjab Police Rules and para 12.26 read with para 14.15, the Tribunal has opined that the transferred are well within the jurisdiction of the authorities concerned and there is no want of power in the authorities to transfer these Head -constables. It is also found that there is no allegation of any specific mala fides against any of the respondents and thus the order of transfer does not require interference,

(2.) In these writ petitions the order of the Tribunal is challenged. It is contended by the learned counsel for the petitioner that there are district cadres with regard to constables and Head Constables and in so far as the Head Constables of one District are concerned, they cannot be transferred to another District, either without their consent or without following the procedure prescribed in para 12 26 of the Punjab Police Rules. Secondly, it is argued that the Tribunal is in error in thinking that the entire police force forms part of the one cadre. Thirdly, it is contended that the transfers in these cases are not in public interest as they are not warranted.

(3.) In so far as the first contention is concerned, there is no merit whatever in the same. Section 2 of the Police Act reads, in so far as it is relevant, as follows "2. Constitution of the force. -The entire police establishment under a State Government shall, for the purposes of this Act, be deemed to be one police force, and shall be formally enrolled, and shall consist of such number of officers and men, and shall be constituted in such manner, as shall from time to time be ordered by the State Government."