Madhya Pradesh High Court
Ramsevak Ahirwar vs The State Of Madhya Pradesh on 4 February, 2019
1
THE HIGH COURT OF MADHYA PRADESH
WP-2232-2019
(Ramsevak Ahirwar & Ors. Vs. State of M.P. )
Gwalior, Dated : 04/02/2019
Shri A.K. Jain, learned counsel for the petitioners.
Shri P.S. Raghuvanshi, learned Government Advocate for
the respondents/State.
The present petition under Article 226 of the Constitution of India has been preferred by the petitioners against the order dated 09/07/2018 (Annexure P-1) passed by the Assistant Inspector General whereby petitioners who were working earlier as Police Constable in District Police Force, District-Gwalior were transferred to District Force, Bhopal.
Grievance as echoed by the counsel for the petitioners is the seniority maintained by the department district wise which may cause prejudice to the service prospects of the petitioners. Although, petitioners have complied the transfer order and joined at transferred place of posting but question of service prospects looming large over him.
Learned counsel for the petitioners referred GOP/ Circular dated 25th August, 2018 issued by the Assistant Inspector General Administration on behalf of Additional Director General wherein practice of attachment to different units is deprecated and attachments/absorption were directed to be set aside. Petitioners submit that they may be given liberty to prefer representation along with this circular and respondents be directed to consider the case of the petitioners as per the said circular dated 25th August, 2018.
Learned counsel for the respondents opposed the prayer made by the petitioners and submit by way of reply and referred 2 THE HIGH COURT OF MADHYA PRADESH WP-2232-2019 (Ramsevak Ahirwar & Ors. Vs. State of M.P. ) order dated 14/05/2013 issued by the Police Headquarter vide Annexure R-2, in which it has been clarified that if any Constable or Head Constable is transferred out of the district then his seniority shall be maintained and the same shall not be disturbed in any manner. Learned counsel for the respondents further submits that the transfer order has been passed in administrative exigency and petitioners have already been relieved. In absence of any plea, interference be declined.
Heard the learned counsel for the parties and perused the record.
From the fact situation of the case, it appears that petitioners are working as constable and have been transferred from Gwalior to District-Bhopal. Although transfer is incidence of service and cannot be interfered with unless substantiate by malafide or violation of any statutory provisions and it is also true that in the case in hand apparently no such plea is raised or established. However, in the interest of justice and looking to the circular dated 25th August, 2018 issued by the AIG on behalf of the Additional DG Administration Police Headquarter, Bhopal wherein attachment has been directed to be cancelled of Constables/ Head Constables of District Police Force away from their original units therefore, in the fitness of things, matter is relegated back to the Director General of Police to consider it afresh.
Petitioners are directed to submit detailed representation along with copy of the circular dated 25th August, 2018, which shall be considered by the DGP in accordance with law and the 3 THE HIGH COURT OF MADHYA PRADESH WP-2232-2019 (Ramsevak Ahirwar & Ors. Vs. State of M.P. ) GOP/ Circular/ Regulation in this regard.
Needles to say that consideration shall follow with a reasoned order as expeditiously as possible, preferably within a period of four weeks from the date of receipt of representation.
With the aforesaid directions, the petition stands disposed of.
Certified copy as per rules.
(S.A. Dharmadhikari) Judge rahul RAHUL SINGH PARIHAR 2019.02.05 11:43:41 +05'30'