HASNAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal under Clause 10 of Latters Patent of the High Court of Judicature at Patna is directed against the order dated 2.2.2000 passed in CWJC No. 10770 of 1999 whereby the learned Single Judge while dismissing the writ application filed by respondent No. 9 Ashok Kumar Yadav challenging his order of transfer, has also dismissed the interlocutory applications filed by the appellants and others rejecting their prayer to modify the interim order wherein directions were issued for their transfer.

(2.) RESPONDENT No. 9 Ashok Kumar Yadav filed the aforesaid writ application for quashing the orders contained in Annexures 8, 12 and 13 to the writ application. By order dated 14.7.1999 contained in Annexure -8, he was transferred from Gopalganj District Police Force to Saran District Police Force. By order dated 9.10.99, contained in Annexure -12, he was transferred from Kochaikot P.S. to Police Line, Gopalganj and by order dated 17.10.99 contained in Annexure -13, he was relieved from Gopalganj District Police Force to join the Saran District Police Force. The orders of transfer were challenged primarily on the ground that the same were passed at behest of the Member, Legislative Council.

(3.) THE learned Single Judge hearing the matter having noticed that the circulars and orders laying down guidelines regarding transfer and posting of police personnel are not being strictly followed, directed the State Counsel by order dated 14.12.1999 to furnish information with regard to duration of the posting of the Police Officers of the rank of inspector/Sub Inspector/Assistant Sub Inspector of Police posted in the different Police Stations falling within the jurisdiction of City S.R, Patna and adjourned the matter to 22.12.1999. On 22.12.1999, the affidavit was filed by the DJ.G. (Personnel) giving the names of the Police Officers of the aforesaid rank posted at different Police Stations within the jurisdiction of City S.R, Patna, for a decade or so. The matter was adjourned for the next day and the Government Advocate was directed to discuss the matter with the concerned Police Officers and on the next day i.e. 23.12.1999, the learned counsel appearing for the State produced a copy of letter of the D.I.G. (Personnel) No. 7867/P2 dated 22.12.1999 issued on behalf of Director General of Police, Bihar directing the D.I.G. Police, Central Range, and I.G. Police, Patna Zone, Patna to take steps for transfer of the Police Officers posted in different Police Stations within the jurisdiction of the City S.R, Patna in accordance with the Police Order No. 247/ 94. Accordingly, the learned Single Judge while directing the authorities to expedite the matter of transfer, but as the said matter was likely to take some time, by way of interim measure directed the authorities to transfer such Police Officers of the rank of Inspector/Sub Inspector/ Assistant Sub Inspector, who have completed their normal tenure of posting in any particular police station falling within the jurisdiction of City S.P., Patna, to Police stations falling in the Rural areas within Patna district itself and this exercise was to be done within one week. The matter was adjourned to 4th January, 2000. On that day, the learned counsel for the State informed that the order has been complied with in part so far as it relates to the Sub Inspectors and Assistant Sub Inspectors of Police. As regards the Inspectors are concerned, steps are being taken for their transfer. The matter was adjourned to 11th January, 2000.