INDRA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned counsel for the parties jointly submit that the controversy is squarely covered by the order passed by a coordinate Bench of this Hon'ble Court in Dinesh Kumar Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.11067/2021) on 10/2/2022, which reads as follows: "These writ petitions have been filed by the petitioners aggrieved against the order dtd. 18/12/2020 (Annex.3), whereby, the Headquarter of the petitioners during the period of suspension has been changed from Churu to Sri Ganganagar. The respondents by order dtd. 18/12/2020, inter-alia indicating that as it has come to the notice that in most of the cases, the suspended policemen have their Headquarter in the same Range/Unit, resulting in an apprehension that they may affect the cases and, therefore, their Headquarters be changed and consequently, the Headquarter of the petitioners has been changed. Learned counsel for the petitioners made submissions that issue regarding the change of of Headquarter of persons like petitioners, who are Head Constable stands squarely covered by judgment of this Court in Subhash Chandra v. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.10353/2021, decided on 3/9/2021, which order has been upheld by the Division Bench in State of Rajasthan & Ors. v. Surendra Khokhar: D.B. Special Appeal Writ No.610/2021, decided on 29/11/2021. Learned counsel for the respondents attempted to make submissions that the order in the case of Subhash Chandra (supra), as upheld by the Division Bench, is contrary to the provisions of the Rule. However, it was conceded that the seniority of Head Constable is being maintained at District Level. A Coordinate Bench of this Court in the case of Subhash Chandra (supra) came to the following conclusion:-

(2.) The Division Bench, on appeal, came to the conclusion that statutory provisions limit the transfer liability of the Constable and Head Constable within the district and the Assistant Sub Inspector within the Range.

(3.) So far as the submissions made by learned counsel for the respondents pertaining to the interpretation of the provisions is concerned, the Coordinate Bench as well as the Division Bench have taken into consideration the provisions of Rules and as such, the submissions made in this regard cannot be countenanced.