BANARASI PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed the present writ application for quashing the order dated 27.6.98 passed by the Superintendent of Police, Samastipur by which the petitioner has been transferred from Officer Incharge of Kalyanpur to Officer Incharge, Bibhutipur and the wireless message dated 14.11.98 by which the petitioner has been transferred from Darbhanga Range to Palarnu Range by order of the Director-General of Police. Copies of the said orders have been annexed as Annexures-3 and 5 respectively.

(2.) The petitioner joined the police department in the year 1984 as Steno-Sub-Inspector of Police. Later on, he was observed in general cadre of the Sub-Inspector of Police. He remained in Muzaffarpur Zone from 1984 to May, 1997. Thereafter, he was transferred to Darbhanga Zone on 13.6.1997 and was posted as Officer Incharge, Kalyanpur Police Station where he joined on 28.11.97. By order dated 27.6.98 as contained in Annexure-3, he was transferred to Bibhutipur in the same capacity and thereafter, he was transferred from Darbhanga Range to Palamu Range by order contained in Annexure-5.

(3.) It is asserted on behalf of the petitioner in the main writ application that he was remained in Darbhanga only from 13.6.97 and as such his transfer initially from Kalyanpur to Bibhutipur where he remained only for few months and thereafter from Darbhanga Zone to Palamu Zone are arbitrary and mala-fide. In Paragraph 7 of the writ application, it has been stated that local M.L.A.-cum-Minister was annoyed with the petitioner and at her instance transfer has been effected.