GH. HASSAN KAMAL Vs. STATE

JUDGEMENT

(1.) By the medium of writ petition-in-hand, the petitioner has called in question Order No. OSI/Post./13/42000-42008/dated 27.09.2013 and Order No. 2624 of 2013 dated 21.10.2013 issued by respondent No. 3 whereby the petitioner has been transferred from Police Station, Satwari to District Police Lines, Jammu and respondent No. 5 has been directed to look after the work of SHO, Police Station, Satwari till further orders. The petitioner has challenged the impugned orders primarily on two grounds:-

(2.) In this background, the official respondents have submitted that in view of the involvement of the petitioner in a serious offence of corruption, the petitioner is a tainted official and cannot be allowed to perform the responsive duties of public interest as Incharge of Police Station, Satwari. With a view to restore public confidence to keep the tainted officer away from performance of responsive duties of Incharge Police Station, Satwari, respondent No. 3 in exercise of his powers under Rule 18 of the J&K Police Rules, 1960 has transferred the petitioner vide order impugned dated 21.10.2013. It is further stated that police force is a disciplined force and very high dignity of honesty, dedication and discipline is expected from the members of such force. Putting the tainted officers like the petitioner, who are involved in serious cases of corruption as Incharge of Police Station is not in the interest of administration and is likely to shake the confidence of people. The contention of the petitioner that Senior Superintendent of Police is not competent to transfer the petitioner has also been denied by the official respondents by relying upon Rule 18 of J&K Police Rules, 1960. Official respondents have also placed reliance upon the provisions of Section 21 of the General Clause Act to contend that petitioner who was transferred and posted by respondent No. 3 from District Police Lines, Jammu to Police Station Satwari is competent to rescind or modify the said order.

(3.) Heard learned counsel for the parties and perused the record.