Punjab-Haryana High Court
Constable No.29/Gsp Ramesh Kumar Son Of ... vs The State Of Punjab And Others on 30 January, 2013
Author: K. Kannan
Bench: K. Kannan
C.W.P. No.8424 of 2008 -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
CHANDIGARH
C.W.P. No.8424 of 2008
Date of Decision.30.01.2013
Constable No.29/Gsp Ramesh Kumar son of Sh. Ram Lal, Police Station,
Kahnuwan District Gurdaspur .....Petitioner
Versus
The State of Punjab and others .......Respondents
Present: Mr. R.D. Bawa, Advocate
for the petitioner.
Mr. Vishal Garg, AAG, Punjab for respondent Nos.1 to 3.
CORAM:HON'BLE MR. JUSTICE K. KANNAN
1. Whether Reporters of local papers may be allowed to see the
judgment ? No
2. To be referred to the Reporters or not ? No
3. Whether the judgment should be reported in the Digest? No
-.-
K. KANNAN J.(ORAL)
1. The issue involved in the case relates to the vires of an order of transfer from one district to another of a police personnel as violative of existing Rules. The issue was being considered by the Supreme Court and the case had been originally adjourned to await the decision of the Supreme Court. The registry has placed the judgment of the Supreme Court, which was referred to in the previous order as would have a direct bearing to the point involved in the case. The Supreme Court has dismissed the appeal for non-prosecution in SLP No.11849 of 2006 titled "State of Haryana Vs. Vinod Kumari". However, the same issue has been considered also in the judgment of the Supreme Court in State of Haryana Vs. Kashmir Singh and another 2010(13) SCC 306. Referring to the Punjab Police Rules, the Supreme Court has held that transfer of Constable or Head Constable from one district to another and C.W.P. No.8424 of 2008 -2- of ASIs and SIs from one range to another are permissible but the seniority of the police Constables and the Head Constables of the district level shall be maintained in the parent district despite the transfer. As regards a transfer of higher officials such as ASIs and SIs from one range to another, the same would be possible but it would require a sanction from the Director General as per Rule 12.26. We are concerned about a case of transfer of Constable from one district to another and there is no specific requirement under Rule 12.26 for any concurrence of the Director General in the manner contemplated for transfer of the higher officials from one range to another.
2. The order of transfer, therefore, cannot be challenged but it will be subject to retention of his seniority in his parent district despite his transfer. The writ petition is disposed of with the above directions.
(K. KANNAN) JUDGE January 30, 2013 Pankaj*