Allahabad High Court
Priti Chauhan And 293 Others vs State Of U.P. And 5 Others on 23 March, 2021
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 33 Case :- WRIT - A No. - 3157 of 2021 Petitioner :- Priti Chauhan And 293 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ishir Sripat,Atipriya Gautam Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 12.03.2021:-
''Impugned order of transfer dated 29.01.2021 appears to be based upon a policy decision to transfer Head Constables and Constables based on their request for transfer. It is contended that none of 294 petitioners have actually given any consent for being transferred and their transfer is otherwise not due in terms of the policy. Submission is that during COVID-19 Pandemic such transfers otherwise are not being effected. Argument is that impugned action is wholly arbitrary.
Learned Standing Counsel may obtain instructions.
Post as fresh, once again, on 23.03.2021.
Till the next date of listing, petitioners shall not be relieved unless they have already been relieved."
Dr. A. N. Singh, learned State Counsel has obtained instructions according to which the necessity to transfer large number of police persons has arisen because of excessive vacancy existing in Bareilly Region. Instructions have been produced as per which the vacancy in Bareilly Region is 30% while in Moradabad it is 22%. It is stated that only 17 persons have given their consent for transfer and, therefore, it became necessary to transfer other persons from one district to another. It is also stated that district has been assigned on the basis of a transfer policy and that out of 350 Constables transferred about 168 have already been relieved. It is also submitted that in the facts of the present case this Court need not interfere in the matter particularly as similar writ petition filed against the order impugned has been disposed of on 5.03.2021 by permitting the authorities to decide petitioners' representation provided they join at their transferred place.
I have heard learned counsel for the parties and perused the materials placed on record.
Admittedly, petitioners hold a transferable post and transfer is an incident of service. In the facts of the present case the administrative exigency, which has led to large number of Constables being transferred from one district to another cannot be said to be non-existent or arbitrary. It is otherwise for the authorities to determine the requirement of police persons in a particular district. No specific arbitrariness otherwise has been shown in the process. Since those who have given consent to transfer are much below the required strength of persons to be transferred, as such the respondents would be clearly justified in passing the orders of transfer. No interference with the order of transfer is thus called for.
In the facts of this case it will be open for the petitioners to make representation against the order of transfer provided they join within a period of two weeks from today. Petitioners' representation in the matter of transfer shall be dealt with as per transfer policy and the administrative exigency, by the concerned authority.
Subject to the above observations, this petition stands disposed of.
Order Date :- 23.3.2021 Abhishek Singh