SUJATA ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) The petitioner, a Constable in the State police, is aggrieved by the order dated 20.6.2011 transferring her inter zone from Patna to Vaishali.

(3.) It is submitted that an order of transfer was initially passed on 29.4.2011 transferring her to Gaya. Though the order cited administrative reasons, it was primarily punitive in nature as it simultaneously directed holding of departmental proceedings. Frivolous allegations were made with regard to her character. The petitioner represented. On 4.5.2011 she has been transferred to Vaishali which is a different zone. Unlike the earlier order, the present order does not state that it was for administrative reasons. The normal tenure in a zone under Section 10 of the Bihar Police Act, 2007 (hereinafter called the 'Act') was 10 years. The petitioner has not completed that period since 26.12.2003. Procedures for approval prescribed in Section 10 of the Act for an inter zone transfer had not been followed. The belated approval of the committee concerned during the pendency of the writ application on 27.4.2012 is not bona fide.