Gujarat High Court
Chandravijaysinh Hardevsinh Zala vs State Of Gujarat on 19 February, 2026
NEUTRAL CITATION
C/SCA/9661/2020 JUDGMENT DATED: 19/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9661 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE MAULIK J.SHELAT
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Approved for Reporting Yes No
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CHANDRAVIJAYSINH HARDEVSINH ZALA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR. JATIN V YADAV(8946) for the Petitioner(s) No. 1
MR P P MAJMUDAR(5284) for the Petitioner(s) No. 1
MS. NIDHI VYAS, AGP for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2,3,4
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 19/02/2026
ORAL JUDGMENT
1. Rule returnable forthwith. Ms. Nidhi Vyas, learned AGP waives service of notice of rule on behalf of respondent-State. With consent of the parties, the matter is taken up for final hearing.
2. Heard Mr. P.P Majmudar, learned advocate for the petitioner and Ms. Nidhi Vyas, learned AGP for the respondent-State, at length.
3. The present writ petition is filed under Articles 14, Page 1 of 15 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Feb 20 2026 Downloaded on : Sat Mar 14 03:40:44 IST 2026 NEUTRAL CITATION C/SCA/9661/2020 JUDGMENT DATED: 19/02/2026 undefined 16, 21 and 226 of the Constitution of India, inter alia, seeking following reliefs:
"(A) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction quashing and setting aside impugned order dated 18.01.2020 passed by the respondent no.2 as well as order dated 21.01.2020 passed by the respondent no.3, transferring the petitioner's services from Jamnagar District to Police Headquarters, Vadodara (Rural) (at ANNEXURE-A hereto) and all consequential actions/decision and further be pleased to grant the consequential benefits along with interest to the petitioner as if the impugned transfer order never existed;
(B) During the pendency and final disposal of the present petition, YOUR LORDSHIPS may pleased to be stay operation, implementation and execution of impugned order dated 18.01.2020 passed by the respondent no.2 as well as order dated 21.01.2020 passed by the respondent no.3, transferring the petitioner's services from Jamnagar District to Police Headquarters, Vadodara (Rural) (at ANNEXURE-A hereto);
(C) Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case;"
BRIEF FACTS:
4. By way of this petition, the petitioner seeks to challenge the impugned order dated 18.01.2020 passed by the respondent No.2 as well as order dated 21.01.2020 passed by the respondent No.3 herein, whereby, the petitioner came to be transferred from District Jamnagar to District Vadodara as Head Constable. The main Page 2 of 15 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Feb 20 2026 Downloaded on : Sat Mar 14 03:40:44 IST 2026 NEUTRAL CITATION C/SCA/9661/2020 JUDGMENT DATED: 19/02/2026 undefined reason of challenge of impugned order of transfer would be that, as per Section 28 of the Bombay Police Act read with Rules 152 and 153 of the Bombay Police Rules, only in cases where to serve the public interest and emergent exigency prevailing at the place of transfer, the authority is entitled to transfer police personnel. According to the petitioner, none of such requirements persist in the case on hand and thus, his transfer is arbitrary, illegal, and without jurisdiction.
5. SUBMISSIONS ON BEHALF OF PETITIONER:
5.1 Mr. Majmudar, learned advocate for the petitioner, would submit that the issue involved in the matter is squarely covered by various decisions of this Court cited in this petition. Nonetheless, Mr. Majmudar, learned advocate, would rely upon the decision of Co-ordinate Bench of this Court in the case of Hadamatsinh Naharsinh Sisodiya Vs. State of Gujarat rendered in Special Civil Application No. 12765 of 2010 with Special Civil Application No. 3553 of 2011 dated 31.07.2013, which is confirmed by the Division Bench of this Court by dismissing the appeal filed by the State on 01.07.2014 in Letters Patent Appeal Nos. 1400 of 2013 and 1401 of Page 3 of 15 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Feb 20 2026 Downloaded on : Sat Mar 14 03:40:44 IST 2026 NEUTRAL CITATION C/SCA/9661/2020 JUDGMENT DATED: 19/02/2026 undefined 2014 respectively. It is submitted that as per settled legal position of law, in the case of transfer in emergent administrative exigency, the order of transfer must mention the period for which such transfer was effected, and at the end of such emergent administrative exigency, the police personnel requires to be sent back to his parent cadre. It is submitted that because of a criminal case pending against the petitioner before the concerned Court at Jamnagar, the petitioner was transferred in the year 2010, and not due to any emergent administrative exigency. It is further submitted that any guideline or circular issued by the respondent-State, which runs contrary to the aforesaid provisions of law, it cannot be affected and relied upon by the respondent, when affect the transfer of the petitioner.
5.2 Making the above submissions, learned advocate for the petitioner would request this Court to allow the present writ petition.
6. SUBMISSIONS ON BEHALF OF RESPONDENT:
6.1 Per contra, Ms. Vyas, learned AGP, would further submit that as the petitioner is facing charge-sheet in an ACB case, it was felt by the Transferring Authority to Page 4 of 15 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Feb 20 2026 Downloaded on : Sat Mar 14 03:40:44 IST 2026 NEUTRAL CITATION C/SCA/9661/2020 JUDGMENT DATED: 19/02/2026 undefined transfer the petitioner from his parent district, i.e., Jamnagar, to District Vadodara (Rural) and as such, the order of transfer cannot be questioned by the petitioner on any counts. It is submitted that the respondent -
authority is well within the right to affect the transfer of the petitioner from one place to another and as per guideline issued from the office of respondent No. 2 dated 7.10.2006, the petitioner was transferred from Jamnagar to Vadodara.
6.2 Making the above submissions, learned AGP would request this Court to dismiss the present writ petition.
7. No other and further submissions have been made by the learned advocates for the respective parties.
ANALYSIS:
8. This Court, vide its order dated 20.12.2021, passed the following order:
"1. Heard learned Advocate Mr.Majmudar on behalf of the petitioner and learned AGP Ms.Dharitri Pancholi on behalf of the respondent State.
2. By way of this petition, the petitioner inter alia challenges an order dated 18.1.2020 passed by the respondent No.3 and consequential order dated 21.1.2020 passed by the respondent No.4 whereby the petitioner has been transferred from Jamnagar District to Police Head Quarters, Vaddodara (Rural).Page 5 of 15 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Feb 20 2026 Downloaded on : Sat Mar 14 03:40:44 IST 2026
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3. Learned Advocate Mr.Majmudar would submit that the issue raised in the present petition is no more res integra inasmuch as, according to the learned Advocate for the petitioner, the issue raised in the petition has been decided by the Hon'ble Division Bench of this Court in case of Haroon Yusufbhai Kadiwala Vs. Director General of Police and Anr., reported in 2011(3) GLH(UJ) 8. Mr.Majmudar would submit that the said decision is followed by later decision of this Court.
4. Having regard to the submissions made by the learned Advocate Mr.Majmudar for the petitioner, issue notice to the respondents returnable on 14.2.2022. Learned AGP waives service of notice for respondent State. Direct service for rest of the respondents. In the meanwhile, liberty is reserved in favour of the petitioner to approach the respondents with a detailed representation. If the petitioner prefers a representation within a period of one week from today, the respondents shall consider and decide the same in accordance with law within a period of four weeks thereafter. The outcome of the said consideration shall be intimated to the petitioner, and copy whereof shall be produced for perusal of this Court on the next date of hearing."
8.1 Apropos to the said direction, it appears that the respondent, vide its order dated 04.04.2022, rejected the representation of the petitioner by maintaining its original stand as the petitioner is facing criminal case of ACB as referred to in the order, pending before the concerned Court at Jamnagar, it is not desirable to re-
transfer the petitioner from Vadodara (Rural) to Jamnagar.
9. Having heard the learned advocates for the respective parties and after appreciating the aforesaid Page 6 of 15 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Feb 20 2026 Downloaded on : Sat Mar 14 03:40:44 IST 2026 NEUTRAL CITATION C/SCA/9661/2020 JUDGMENT DATED: 19/02/2026 undefined facts and the provisions of law as well as the judgments cited by the petitioner, it would emerge that the issue germane in the matter is squarely covered by the decision of the Division Bench in the case of Haroon Yusufbhai Kadiwala Vs. Director General of Police and Another reported in 2011 (3) GLH (UJ) 8. The said decision is consistently followed by different Co-ordinate Benches of this Court and as such, such view is in fact confirmed by the Division Bench in its judgment dated 01.07.2014 when dismissed the Letters Patent Appeal No. 1400 of 2013 filed by the respondent - state. I would like to quote the relevant portion of the said decision of the Division Bench, which reads thus:
"6. The findings recorded by the learned Single Judge are extracted below:
"22. The provisions of Section 28 of the Act read with Rule 152 of the Manual came to be considered by Hon'ble Division Bench of this Court in the case of Haroon Yusufbhai Kadiwala Vs. Director General of Police and Anr. reported in 2011 (3) GLH (UJ) 8. Full text of the judgment in the said case is placed on record of Special Civil Application No. 12765 of 2010 with further affidavit filed by the petitioners at page 141. Hon'ble Division Bench in the said case examined legality or otherwise of the order of transfer of police constable made in exercise of the powers under the above said provisions and has held and observed in para 5 to 10 as under:
"5. It would be expedient to quote Sec.28 of the Bombay Police Act, 1951, which reads as under: "28. Police Officer to be deemed to be always on Page 7 of 15 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Feb 20 2026 Downloaded on : Sat Mar 14 03:40:44 IST 2026 NEUTRAL CITATION C/SCA/9661/2020 JUDGMENT DATED: 19/02/2026 undefined duty and to be liable to employment in any part of the State.-
(1) Every Police officer not on leave or under suspension shall for all purposes of this Act be deemed to be always on duty, and any Police Officer or any number or body of Police officers allocated for duty in one part of the State may, if the State Government or the Inspector-General so directs, at any time, be employed on Police duty in any other part of the State may, if the State Government or the Inspector-General so directs, at any time, be employed on Police duty in any other part of the State for so long as the services of the same may be there required."
6. We may also reproduce Rule 152 and 153 of the Gujarat Police Manual. Rule 152 reads as under:
"152. Inter District Transfers in emergencies. - (1) Under section 28(1) of the Bombay Police Act, 1951, the Inspector General of Police is authorised to make, whenever necessary, inter-district transfers of police establishment without reference to Government.
(2) In accordance with the provisions contained in section 28(2) of the Bombay Police Act, 1951, the Inspector General Police should, except in cases of extreme urgency give timely intimation to the District Magistrates concerned whenever he proposes to transfer or redistribute the Police disposition obtaining in Districts." Clause (1) and sub-clause (a) reads as under:
"153. Ordinary transfers of Police Officers, men and Ministerial staff. - Transfers may be effected as follows:-
"(1)(a) The Inspector General may transfer Assistant Commandants, Adjutants and Quarter Master (Deputy Superintendents of Police) from one Group to the other Assistant Public Prosecutors, Ministerial staff and members of the Page 8 of 15 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Feb 20 2026 Downloaded on : Sat Mar 14 03:40:44 IST 2026 NEUTRAL CITATION C/SCA/9661/2020 JUDGMENT DATED: 19/02/2026 undefined Police force of and below the rank of Police Inspectors, from one place to another in the State;
al Inspectors, Assistant Public Prosecutors and Sub-Inspectors to and from Criminal Investigation Department and the Police Training School."
7. On perusal of various provisions of the Gujarat Police Manual and the Bombay Police Act, and more particularly, Cl. (1) of Sec. 28 of the Bombay Police Act which states that every Police officer not on leave or under suspension shall for all purposes of this Act be deemed to be always on duty, and any Police Officer or any number or body of Police officers allocated for duty in one part of the State, may, if the State Government or the Inspector- General so directs, at any time, be employed on Police duty in any other part of the State may, if the State Government or the Inspector-General so directs, at any time, be employed on Police duty in any other part of the State for so long as the services of the same may be there required.
8. A plain reading of the Section itself suggests that the appellant petitioner could have been transferred, but the only aspect which needs to be considered is as to for how long the appellant- petitioner would be kept at that particular place on transfer. We feel that the State Government should in cases like the present one should bear in mind and also clarify as to how long the services of the appellant-petitioner would still be required at the place where he has been transferred so that he may not have to stay at the place of deputation for an indefinite period of time. Secondly, we would also like to clarify that the appellant petitioner's lien in the original parent cadre would also be protected. So far as seniority of the appellant-petitioner is concerned, it has been well accepted in the Police Manual that the same will not be disturbed.
9. Our attention has also been drawn to Rule 153, more particularly 153(1)(a) where the emphasis has been laid on the words "and members of the Police force of and below the rank of Police Page 9 of 15 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Feb 20 2026 Downloaded on : Sat Mar 14 03:40:44 IST 2026 NEUTRAL CITATION C/SCA/9661/2020 JUDGMENT DATED: 19/02/2026 undefined Inspectors, from one place to another in the State". Taking into consideration all the relevant provisions of law, we are of the opinion that the transfer of the appellant petitioner as an Unarmed Head Constable originally posted at Khatodara Police Station, Surat to Sabarkantha District and placed at the disposal of Superintendent of Police, Sabarkantha at Himmatnagar, amounts to deputation, because deputation is also a transfer outside the cadre, and in no manner contrary to law or the provisions which have been relied upon.
10. We, therefore, deem it fit and proper to observe that under Rule152, which provides for inter- istrict transfers in emergencies and the other Rule relating to transfer on the administrative grounds, in case of emergencies, it is desirable that the authorities should clarify as to how long the services of a Head Constable/Constable are required to meet with the exigencies at the transferred place, and as soon as the emergent administrative exigencies cease to exist at the transferred place, they must be sent back to their parent cadre. With these observations, the Letters Patent Appeal is disposed of accordingly with no order as to costs."
23. Hon'ble Division Bench has clearly observed that it is desirable that the authorities should state as to how long services of constable are required to meet with the exigency at the place of transfer and as soon as emergent administrative exigency is over at the place of transfer, they must be sent back to their parent cadre.
24. Therefore, as observed by the Hon'ble Division Bench in context of provisions of Section 28 of the Act read with Rule 152 of the Manual, the competent authority when decided to exercise powers under the above provisions, had to clearly provide as to how long services of the petitioners were required at the place of transfer even if such transfer was made in public interest. The transfer of the petitioners are not ordinary. They are made under Section 28(1) of the Act. Therefore, such transfers could never be on any other ground except for what is provided Page 10 of 15 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Feb 20 2026 Downloaded on : Sat Mar 14 03:40:44 IST 2026 NEUTRAL CITATION C/SCA/9661/2020 JUDGMENT DATED: 19/02/2026 undefined in Section 28(1) of the Act.
25. In the present case, the transfer of the petitioners was not to meet with any exigency or in public interest prevailed at transferred place but the same was only on account of hooch tragedy in connection with which the petitioners have been departmentally punished. Such grounds for transfer are not recognized, envisaged or intended by the legislature in the provisions of Section 28 of the Act read with Rule 152 of the Manual. When the transfer of the petitioners are made under statutory provision, even though the public interest demanded or warranted taking of any action against the petitioners, the same would not weigh and permit the concerned authority to defy the statutory provision. Even apart from this, transfer of the petitioners could not have been either for unlimited period or for period of five years at a stretch. This very fact of providing no time limit in order of one of the petitioners and five years in the case of another petitioner would lend support to the case of the petitioners that their transfer was not for any requirement or reasons as provided in Section 28 of the Act.
26. It is required to be noted that in the case of petitioner in Special Civil Application No. 12765 of 2010, punishment of reduction in pay scale was imposed whereas in the case of petitioner in Special Civil Application No.3553 of 2011, punishment of stoppage of increment came to be imposed. Thus, departmental inquiry initiated against the petitioner was concluded and no further inquiry was pending against the petitioner. The respondents instead of stating as to how long services of the petitioners were required at the place of transfer filed affidavit- in-reply stating that the transfers were for five years. Under these circumstances, it clearly appears that the continuation of the petitioner at the place of transfer is without authority of law.
27. Learned Assistant Government Pleader Mr. Raval has relied on the decisions to point out that the transfer of an employee is an incident of service and could be made in public interest and for administrative reasons. However, in none of the cases, the Courts were faced with the question paused for consideration in these petitions.
Page 11 of 15 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Feb 20 2026 Downloaded on : Sat Mar 14 03:40:44 IST 2026NEUTRAL CITATION C/SCA/9661/2020 JUDGMENT DATED: 19/02/2026 undefined Similarly, the decision relied on by learned advocate for the petitioners since on different facts situation will have no application to the facts of the case. In the present case, this Court has examined the orders of transfer of the petitioners in context of the provisions of Section 28 of the Act read with Rule 152 of the Manual in exercise of which the respondent authorities have passed impugned orders of transfer of the petitioners. It may be that there were compelling necessity in public interest to pass transfer orders against the petitioners with other police officers. In ordinary transfer in public interest or for administrative reasons, the Court may have limited judicial review. However, the scope of judicial review is widened when the transfer of police constable is made out of district in exercise of powers under Section 28 of the Act read with Rule 152 of the Manual, to examine whether such transfer is meeting the statutory requirement. The Court finds that the transfer orders since not satisfying the statutory provisions, cannot be permitted to be operated any further. Impugned orders of transfer are, therefore, required to be quashed and set aside.
28. For the reasons stated above, petitions are allowed. Impugned orders dated 26.10.2010 and 24.9.2010 are quashed and set aside. It is directed that the the impugned orders shall not operate against the petitioners henceforth. Rule is made absolute accordingly."
7. In view of the Division Bench's judgment of this Court in the case of Haroon Yusufbhai Kadiwala v. Director General of Police and another (supra), we do not find any illegality in the impugned order passed by the learned Single Judge. The Letters Patent Appeals are devoid of any merits. These appeals fail and are dismissed accordingly. There shall be no order as to costs. Interim relief, if any, stands vacated."
(emphasis supplied)
10. Thus, in view of the aforesaid position of law stand as on date, I am of the view that the petitioner could not have been transferred to Vadodara District from his Page 12 of 15 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Feb 20 2026 Downloaded on : Sat Mar 14 03:40:44 IST 2026 NEUTRAL CITATION C/SCA/9661/2020 JUDGMENT DATED: 19/02/2026 undefined parent district without there being any emergent administrative exigency, as not recorded by respondent No. 2 when passed the impugned order dated 18.01.2020.
Assuming for the time being that the transfer of the petitioner was affected in public interest, as per the ratio of the aforesaid decision, it would not be for unlimited period.
11. The reliance is placed by the learned AGP to a note dated 07.10.2006 issued by office of respondent No. 2, wherein it has been observed that in a case of corruption, etc., the police personnel can be transferred and be suspended. The bare reading of the said note only indicates that it is a guideline issued from the office of respondent No. 2 and it runs contrary to the said provisions of law referred to hereinabove. It is trite that any executive instruction issued which runs contrary to the statutory rules framed under Article 309 of the Constitution of India, such circular/instructions/guideline of the executive has no binding force.
12. In view of the aforesaid observations and reasons, I am of the view that the petitioner could not have been Page 13 of 15 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Feb 20 2026 Downloaded on : Sat Mar 14 03:40:44 IST 2026 NEUTRAL CITATION C/SCA/9661/2020 JUDGMENT DATED: 19/02/2026 undefined transferred from his parent district, i.e., Jamnagar, to Vadodara (Rural).
CONCLUSION:
13. The upshot of the foregoing observations, discussions, and reasons, I am of the view that the present petition deserves to be allowed, and in fact, it is hereby allowed. Accordingly, I pass following order/directions:
13.1 Consequently, the impugned order dated 18.01.2020 passed by the respondent No.2 as well as order dated 21.01.2020 passed by the respondent No.3 herein are hereby quashed and set aside.
13.2 The concerned respondent is hereby directed to pass an order of re-transfer of the petitioner from Vadodara (Rural) to District Jamnagar.
13.3 It is open for the respondent - authority to place the petitioner away from the city, Jamnagar or the place where ACB case i.e. Special Case No.1 of 2020 to be tried by the competent Court.Page 14 of 15 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Feb 20 2026 Downloaded on : Sat Mar 14 03:40:44 IST 2026
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14. In view of the foregoing conclusion, the present petition is allowed. Rule is made absolute. No order as to costs.
(MAULIK J.SHELAT,J) DIWAKAR SHUKLA Page 15 of 15 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Fri Feb 20 2026 Downloaded on : Sat Mar 14 03:40:44 IST 2026