Patna High Court
Subodh Kumar Singh vs The State Of Bihar & Ors on 19 December, 2017
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19996 of 2016
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Subodh Kumar Singh Son of late Bindeshwar Prasad Singh Resident of Village-
Chandpura, P.S. Sahpur Patori, District- Samastipur.
.... .... Petitioner
Versus
1. The State of Bihar.
2. The Inspector General of Police/Director General of Police, State of Bihar, Old
Secretariat, Patna.
3. The Assistant Inspector General of Police (Welfare), State of Bihar, Old
Secretariat, Patna.
4. The Inspector General of Police, Patna Range/Economic Offence Unit, Bihar,
Patna.
5. The Deputy Inspector General of Police, Patna Range/ Economic Offence Unit ,
Patna.
6. The Superintendent of Police, Economic Offence Unit, Patna.
.... .... Respondents
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Appearance :
For the Petitioner/s : Mr. Ashok Kumar Choudhary, Adv.
For the Respondent/s : Ms. Soni Shrivastava, Adv.
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL JUDGMENT
Date: 19-12-2017
Heard Mr. Ashok Kumar Choudhary, learned counsel for the
petitioner, learned counsel for the State and Ms. Soni Shrivastava,
learned counsel for the Economic Offences Unit, Bihar.
The petitioner is aggrieved by the transfer order bearing
Memo No. 2877 dated 4.10.2016, a copy of which is impugned at
Annexure 4 to the writ petition, whereby under the orders of the
Director General of Police the petitioner, a Constable with the State
Police Force, has been transferred out of Economic Offences Unit to
the Patna District Force. Annexure 5 is the relieving order bearing
Patna High Court CWJC No.19996 of 2016 dt.19-12-2017 2
Memo No. 6644 dated 4.11.2016, whereby the Superintendent of
Police, Economic Offences Unit, has relieved the petitioner for
joining the District Force.
The issue raised by Mr. Choudhary to question the transfer
order is:
(a) It is within a period of 1½ years of posting of the
petitioner in the Economic Offences Unit by virtue of a decision of
the Establishment Committee, a copy of which is present at Annexure
3 to the writ petition bearing Memo No. 9654 dated 17.6.2015 that he
has been transferred out.
(b) Whereas it is on account of his medical health that on the
recommendation of the Establishment Committee, the petitioner was
transferred from Patna District Force to the Economic Offences Unit,
as it transpires from the posting order dated 17.6.2015 at Annexure 3,
yet in a process of effecting routine transfer that the petitioner has also
been transferred.
(c) Although there are Constables stationed in the Unit from
much before the petitioner, yet the transfer within 16 months of
posting in the Unit.
It is taking note of the submissions advanced that Ms.
Shrivastava, appearing for the Economic Offences Unit, was asked to
seek instructions.
Patna High Court CWJC No.19996 of 2016 dt.19-12-2017 3
A counter affidavit was filed on behalf of respondents no. 1,
2 and 3 in which it is stated that since there were excess Constable
posted in the Unit that an administrative decision was taken to transfer
the excess strength out of the Unit by posting them in the District
Force.
A counter affidavit was earlier filed by the Economic
Offences Unit reiterating the same position however in view of the
submission advanced by learned petitioner counsel that the Unit was
directed to place on record, the reasons for posting out of the
petitioner as well as the details of Constables retained by them after
posting out the excess strength.
It is following the directions that today a supplementary
counter affidavit is filed and the details at Annexure R/6 to the
supplementary counter affidavit is itself sufficient to quash the
transfer order. The records confirm that while retaining Constables
posted in the Unit since 2012, 2013 and 2014, for the reasons
unexplained, the petitioner has been shunted from the unit despite the
fact that the posting in the unit was on a recommendation made by the
Establishment Committee. Even though a stand was taken by the Unit
that it is the only excess strength of Constables posted in the Unit
which was being downsized by the transfer order but the
supplementary counter affidavit gives a rather poor reflection of a
Patna High Court CWJC No.19996 of 2016 dt.19-12-2017 4
decision making process because no principle has been followed by
the Economic Offences Unit for retention/ transfer of Constables.
I need not go into the details thereof because the choice lies
with the Unit but certainly a transfer and posting cannot take place on
the whims and fancy of those incharge of such administrative
decision. Once there has been a conscious recommendation of the
Establishment Committee for posting of the petitioner in the Unit vide
Annexure 3, there has to be reasons supporting the transfer out of the
petitioner which is completely missing in the present case, rather the
Director General of Police has mechanically passed the orders without
satisfying himself as to the circumstances existing in the case of the
petitioner for his posting in the unit.
In my opinion, neither the circulars in force have been
followed nor the transfers are based on any defined principle. If the
Economic Offences Unit have chosen to retain those Constables
posted since 2012, 2013 or 2014, then the posting of the petitioner in
the Unit resting on a decision of the Establishment Committee dated
17.6.2015, could not have been disturbed.
For the reasons and discussions aforementioned, the transfer order of the petitioner bearing Memo No. 2877 dated 4.10.2016 together with the relieving order bearing Memo No. 6644 dated 4.11.2016, impugned at Annexures 4 and 5 to the writ petition, are Patna High Court CWJC No.19996 of 2016 dt.19-12-2017 5 quashed and set aside. The petitioner stands restored to his position in the Economic Offices Unit.
The writ petition is allowed.
(Jyoti Saran, J) Surendra/-
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