Madhya Pradesh High Court
Shashi Bhushan Dubey vs The State Of Madhya Pradesh on 24 June, 2021
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1 WP-14066-2019
The High Court Of Madhya Pradesh
WP-14066-2019
(SHASHI BHUSHAN DUBEY Vs THE STATE OF MADHYA PRADESH AND OTHERS)
3
Jabalpur, Dated : 24-06-2021
Heard through Video Conferencing.
Mr.Brijesh Choubey, learned counsel for the petitioner.
Ms.Ankita Khare, learned Panel Lawyer for the respondent-
State.
Pleadings are complete.
Matter relates to transfer, interim order has been granted by this Court on 30/07/2019, therefore, petition is required to be heard finally.
Parties agreed to argue the matter finally.
Accordingly, it is heard.
This petition is under Article 226 of the Constitution of India questioning the validity of the order dated 09/07/2019 (Annexure-P-
1) whereby he has been directed to be transferred from Katni to Rewa.
The petitioner is holding the post of Assistant Sub Inspector and according to him the order of his transfer is illegal because the same has been issued in violation of Regulation 198 of M.P. Police Regulation. He further submits that as per the said Regulation the Officer up to the rank of Inspector shall be transferred by Police Establishment Board headed by the Director General of Police. He also submits that the said Board has not passed any order of transfer of petitioner and infact the matter has not been placed before the said authority for issuing any order of transfer of the petitioner. He further submits that even in the transfer policy issued by the State Signature Not Verified SAN Government it is very categorically mentioned that the transfer of Digitally signed by SMT SUSHMA KUSHWAHA Date: 2021.06.28 13:30:50 IST 2 WP-14066-2019 police personnel has to be made in accordance with the order dated 14/02/2007 issued by the Home Department. As per the order of Home Department the transfer of Police Officer up to the rank of Deputy Superintendent of Police shall be made by the Police Establishment Board of district level but nothing has been done before issuing impugned order and therefore that order according to the petitioner is liable to be set aside.
Reply has been filed by the respondents stating therein that there was a complaint made by a lady Police Officer namely Subedar Priyanka Sharma against the petitioner and on her complaint action was taken and the order of transfer of the petitioner has been issued.
Counsel for the State has also relied upon the provisions of transfer policy dated 04/06/2019 saying that in Clause 11.4 and 11.11 it is clearly mentioned that the employee can be transferred after receiving a complaint. As per the State, the complaint made against the petitioner was serious in nature and therefore his transfer cannot be said to be illegal because that was according to the provision of policy dated 04/06/2019.
The petitioner has also filed rejoinder reiterating the facts as are mentioned in the petition.
Considering the submissions made by learned counsel for parties and perusal of record it reflects that the operation of the impugned order has been stayed by the High Court vide order dated 30/07/2019 and in pursuance to the said interim order the petitioner is still continuing at Katni because impugned order Annexure-P-1 has not been implemented. The impugned order has been assailed mainly Signature Not Verified on the ground of competence saying that Regulation 198 very clearly SAN Digitally signed by SMT SUSHMA KUSHWAHA Date: 2021.06.28 13:30:50 IST 3 WP-14066-2019 provides that transfer of the petitioner would be made only by police establishment Board headed by Director General of Police Madhya Pradesh. The order impugned clearly reveals that the said authority has not issued the order and there is also no reference that the order has been issued by the police establishment.
As per the reply submitted by the respondents, there is no answer to this ground and the State has otherwise admitted this fact that police establishment Board has not passed any order but they have placed reliance upon the provision of policy dated 04/06/2019 in which clause 11.4 and 11.11 to show that the transfer can be made if any serious complaint is received by the authority.
However, I am not convinced with the stand taken by the State for the reason that Regulation 198 of M.P.Police Regulation very categorically provides transfer up to the rank of Superintendent of Police shall be made by police establishment.
Not only this, but the policy dated 04/06/2019 further provides as to in what manner the police officer shall be transferred. The said policy also provides that it is Police Establishment Board which can issue the transfer order of the petitioner who is holding the post of Assistant Sub Inspector.
In absence of any counter to that extent by the State whether the order has been issued by the police establishment board or not, the impugned order is not sustainable and it is accordingly set aside.
Petition is accordingly allowed. No order as to costs.
(SANJAY DWIVEDI) JUDGE Signature Not Verified SAN Sushma Digitally signed by SMT SUSHMA KUSHWAHA Date: 2021.06.28 13:30:50 IST 4 WP-14066-2019 Signature Not Verified SAN Digitally signed by SMT SUSHMA KUSHWAHA Date: 2021.06.28 13:30:50 IST