while
taking note of the contentions, held that the decision to transfer Constables
recruited to District Police was not based upon a decision taken ... decision on
18.08.2009 (Annexure P-5), laying down certain conditions for
transferring the Constables to District Police. As per condition
No.3, the Constables absorbed
names of all such Constables but has placed on record
a list of 48 Constables, who have been transferred from HAP,
Madhuban to District Police ... Course qualified
Constable was transferred from HAP to District Police keeping in
view the existing policy of transfer of Constables and since the
petitioner
reputation (sic repetition), it is again
stated that a Constable and Head Constable can be transferred
to any part of the State in view ... ground
of administrative exigency."
If the Constables and Head Constables can be transferred to any
part of the State in public interest, it would
herein), vide which 16 Head
Constables including the petitioner and Head Constable Rajiv Kumar,
who were transferred from HAP to District Police out of turn ... transfers were found
to be irregular, were sought to be transferred back to HAP vide order
dated 05.07.1991. Some of such transferred Head Constables
approached
Order that these guidelines/instructions will
supersede all transfer policy/instructions regarding transfer of sportsmen
constables from HAP to District Police/GRP.
14. A perusal ... transfer of Constables and Head Constables
from one district to another district, the seniority of Police Constables and
Head Constables at the district level shall
under :-
"It has been decided that such Head
Constables who have come by transfer in the
district and the senior employees of that
district ... vacancy was not filled by the Head
Constables came on transfer, then the senior most
constable on the C-1 list would have been promoted
Punjab Police Rules, the Supreme Court has held that
transfer of Constable or Head Constable from one district to another ... police Constables and the Head Constables of the
district level shall be maintained in the parent district despite the
transfer. As regards a transfer
which they are transferred. If in any exceptional
circumstances, transfer of the above nature becomes
essential, the Head Constables so transferred will be
treated ... whereas transfer is not within the district or inter-district. Even though
Rule 12.26 stipulates Inter District Transfers, it is only relating to transfer
comparable with other Constables in the remaining District
cadres. Even though the post is the same, if a constable is
transferred ... dated
26.8.1997). The position would be quite different in case a
constable is transferred from one district cadre to another
district cadre in public interest
recreation
room in the Police Lines. At about 9.15 P.M., Constable Sukhvinder Singh
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Neutral ... Singh was posted as MTO at that time, and, he got transferred
Constable Sukhvinder Singh from the M.T.Section. He further deposed that
accused
