Punjab-Haryana High Court
Surinder Kumar vs State Of Punjab And Others on 29 January, 2014
Bench: Jasbir Singh, Harinder Singh Sidhu
LPA No.129 of 2014(O&M) 3
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
LPA No.129 of 2014(O&M)
Date of decision: 29.01.2014
Surinder Kumar
.....Appellant
versus
State of Punjab and others
......Respondents
CORAM: Hon'ble Mr.Justice Jasbir Singh
Hon'ble Mr.Justice Harinder Singh Sidhu
Present: Mr.Mansur Ali, Advocate for the appellant
Jasbir Singh, J. (Oral)
CM No.342 of 2014 This application has been filed for condonation of 23 days delay in filing the appeal. The application is accompanied by an affidavit. In view of reasons mentioned therein, it is allowed and delay stands condoned.
LPA No.129 of 2014
Appellant is working as a Head Constable in Police Department, State of Punjab. On 21.8.2012 (P3), he was transferred to Mansa from Ludhiana. That order was cancelled vide order dated 16.7.2013. Thereafter, order dated 16.7.2013 was cancelled by the Director General of Police, Punjab, Chandigarh on 15.11.2013, in a way, reviving initial order of transfer dated 21.8.2012.
The appellant came to this Court by filing CWP No.26386 of 2013, laying challenge to order dated 15.11.2013, canceling order of his re- transfer from Mansa to Ludhiana on 16.7.2013. Original order, transferring Krishan Gopal 2014.02.19 12:40 I attest to the accuracy of this order High Court Chandigarh LPA No.129 of 2014(O&M) 3 him from Mansa to Ludhiana passed on 21.8.2012, was not made subject of challenge in that writ petition. Learned Single Judge rightly came to a conclusion that transfer is an incidence of service and in the public interest, police official can be transferred from one district to another district. Writ petition was dismissed on 2.12.2013, by observing as under:-
"Transfer is an incidence of service. Violation of conditions as contained in transfer policy/instructions do not vest an enforceable right in an employee. The call details referred to by the counsel are with respect to 01.03.2012. The petitioner, thereafter, being transferred out from Ludhiana to Mansa on 21.08.2012 and had even joined at Mansa. The order dated 21.08.2012 is not in question here. The call details, as such, are without any consequence. Even otherwise, the averments made in the petition are wholly insufficient for this Court to record a finding as regards the impugned order being vitiated by mala fides. I also do not found the impugned order to be stigmatic, as has been urged by the counsel.
On a pointed query having been put, counsel would concede that the petitioner since his initial appointment to the post, has remained in Ludhiana i.e. since the year 1989.
I find no infirmity in the order of transfer, whereby the petitioner would now have to join at Mansa."
It was noticed that since from the date of his appointment in the year 1989, the appellant had rendered service only in district Ludhiana and was not transferred out. To allege mala fide against respondent No.3, nothing was brought on record.
It is primary contention of counsel for the appellant that the Krishan Gopal 2014.02.19 12:40 I attest to the accuracy of this order High Court Chandigarh LPA No.129 of 2014(O&M) 3 appellant was born on a district cadre, as such, his transfer outside the district was not permissible.
Argument raised is liable to be rejected, in view of ratio of judgment of the Hon'ble Supreme Court in State of Haryana and others v. Kashmir Singh and another etc., 2010 (13) SCC 306, wherein when interpreting similar Rules, it was held that inter district transfer of Constables, Head Constables is permissible.
No case is made out for interference.
The appellant stands dismissed.
(Jasbir Singh)
Judge
29.01.2014 (Harinder Singh Sidhu)
gk Judge
Krishan Gopal
2014.02.19 12:40
I attest to the accuracy of this
order
High Court Chandigarh