Madhya Pradesh High Court
Narad Mallah vs The State Of Madhya Pradesh on 27 July, 2012
1 Narad Mallah Vs. State of M.P. & others
W.P.No.11156/2012
27/07/2012
Shri Uttam Maheshwari, learned counsel for the petitioner.
Shri Sanjeev Kumar Singh, learned PL for the respondents/
State.
Petitioner is working in the Police Department as a Constable and has been transferred from Sagar to Tikamgarh vide order Annexure-P1 dated 14.7.2012. Challenge to the order of transfer is made mainly on the ground of personal inconveniences of the petitioner and by pointing out that the seniority of the post in question, in which the petitioner is working, is maintained district wise, therefore, the transfer is illegal.
That apart, it is argued that under M.P. Police Regulation, Superintendent of Police is given the power to transfer the persons like Inspectors or subordinates and as the Inspector General of Police is not authorized to transfer the petitioner, transfer by an unauthorized officer is illegal.
Shri Sanjeev Kumar Singh, learned counsel points out that petitioner is only a Constable and as the transfer is ordered by the superior authority i.e. Inspector General of Police, the same cannot be termed to be illegal. As far as maintenance of seniority etc is concerned, Shri Sanjeev Kumar Singh invites my attention to the law laid down in the case of Awadesh Kumar Shrivastava and another Vs. State of MP and others, 2012 (2) MPHT 277 to contend that the petitioner will carry his seniority and as there is no adverse effect on the seniority of the petitioner, interference cannot be made by this Court.
Having heard learned counsel for the parties and on perusal of the records, it is clear that the transfer is challenged mainly on 2 Narad Mallah Vs. State of M.P. & others the ground of personal inconveniences of the petitioner and on such grounds, interference is not warranted. As far as the order passed by the Inspector General is concerned, the Inspector General is authorized to transfer the persons above a particular cadre i.e. Inspector and above, as the Inspector General of Police is the authority superior to the Superintendent of Police, and is authorized to transfer officer above the cadre of Inspectors, petitioner as person working in a still lower cadre can be transferred by the Inspector General of Police, on the aforesaid ground, the administrative order of transfer cannot be held to be illegal, as the transfer is by an officer, superior to the authorized officer.
Accordingly, on the aforesaid grounds, the order of transfer cannot be interfered with. That apart, even if the petitioner holds a post in the district cadre, the transfer will not effect his seniority and, therefore, in view of the law laid down in the case of Awadesh Kumar Shrivastava (Supra), interference is not called for.
Accordingly, finding no case made out for interference, the petition is disposed of with liberty to the petitioner to take recourse to the departmental remedies available.
Petition stands disposed of with the aforesaid. Certified Copy as per rules.
(Rajendra Menon) Judge nd 3 Narad Mallah Vs. State of M.P. & others