Madhya Pradesh High Court
Umashankar Katare vs The State Of Madhya Pradesh on 23 January, 2023
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 23 rd OF JANUARY, 2023
WRIT PETITION No. 947 of 2023
BETWEEN:-
UMASHANKAR KATARE S/O LATE SHRI R.R. KATARE,
AGED ABOUT 42 YEARS, OCCUPATION: IN -CHARGE
H.C., O/O POLICE LINE SAGAR DISTT. SAGAR (M.P).
.....PETITIONER
(BY SHRI SHYAM YADAV - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY HOME DEPARTMENT
VALLABH BHAWAN, BHOPAL (M.P.)
2. DIRECTOR GENERAL OF POLICE M.P. P.H.Q. JAIL
ROAD JAHANGIRABAD BHOPAL (MADHYA
PRADESH).
3. ADDITIONAL DEPUTY GENERAL OF POLICE M.P.
P. H . Q . JAIL ROAD JAHANGIRABAD BHOPAL
(MADHYA PRADESH).
4. INSPECTOR GENERAL OF POLICE SAGAR
DISTRICT SAGAR (MADHYA PRADESH)
5. SUPERINTENDANT OF POLICE SAGAR DISTRICT
SAGAR (MADHYA PRADESH)
6. ADDITIONAL INSPECTOR GENERAL OF POLICE
(KARMIK) M.P. BHOPAL P. H . Q . JAIL ROAD
JAHANGIRABAD BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE )
Signature Not Verified
SAN
This petition coming on for admission this day, th e court passed the
Digitally signed by RASHMI TIKARAM
CHIKANE
Date: 2023.01.28 14:24:24 IST
following:
2
ORDER
Petitioner's contention is that he is the victim of malafide transfer, whereby the petitioner was working as Head Constable at Police Station Shahgarh, District Sagar has been transferred to Tikamgarh.
The first ground for transfer is that as per Police Regulation 198, Transfer Board consisting of Director General of Police ought to have passed the order whereas the impugned order is passed by the Zonal Inspector General.
Second ground is that the petitioner had made complaint with regard to one Shri Umesh Yadav, SHO Shahgarh and on the basis of the said complaint, the petitioner has been transferred from Shahgarh to Tikamgarh.
It is further submitted that though the High Court was pleased to grant stay in favour of the petitioner as is evident from order dated 31.10.2022 passed in W.P. No.22215/2022, yet salary of the petitioner for the month of October, November is withheld. It is further submitted that a charge-sheet has been issued due to non-joining at Tikamgarh.
Shri Manas Mani Verma, learned Government Advocate for the State submits that the Zonal Board has been constituted in terms of the decision of the Police Headquarter dated 10.06.2020 in order No.Police Headquarters/3/personnel/4/1499/2020 dated 10.06.2020 whereby earlier circular dated 17.05.2013 was set aside and a new Zonal Police Establishment Board was decided to be constituted under the Chairmanship of the Additional Director General of Police/Inspector General of Police as the Chairman and D.I.G. of the Range and concerned Superintendent of Police of the Zone as a Signature Not Verified SAN Member. It is submitted that in terms of this circular in meeting of the Zonal Digitally signed by RASHMI TIKARAM CHIKANE Date: 2023.01.28 14:24:24 IST Transfer Board was convened, in which it was decided to transfer the petitioner 3 on administrative ground from Sagar to Tikamgarh. Proceedings of the Zonal Transfer Board are also brought on record and is accordingly taken on record. Thus, it is evident that the orders of Zonal Transfer Board has been passed after due consideration given by the Zonal Board, therefore order dated 24.06.2021 passed by the co-ordinate Bench in the case of Sashi Bhushan Dubey Vs. State of Madhya Pradesh and Others have no application to the facts of the matter.
Thus, there is no ground to show indulgence in the matter of transfer. Petition deserves to be dismissed. At this stage, two fold grievance is raised by Shri Yadav namely withholding salary for the month of October, November and also initiation of departmental proceeding despite there being protection of the High Court in W.P. No.22215/2022 and W.P. No.26637/2022. In view of such facts Shri Verma submits that as soon as the petitioner joins at the transfer place, salary for the month of October and November will be released in accordance with the law and I.G. shall take a decision on continuation of departmental enquiry in view of the orders of the High Court. In above terms the petition is disposed of.
(VIVEK AGARWAL) JUDGE RC Signature Not Verified SAN Digitally signed by RASHMI TIKARAM CHIKANE Date: 2023.01.28 14:24:24 IST