Court No. - 36
Case :- WRIT - A No. - 13321 of 2018 Petitioner :- Arjun Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prashant Shukla Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
The transfer order dated 17.5.2018 passed by respondent no.5 in compliance of the directions issued by the Additional Director General of Police, Allahabad Zone, U.P., is being challenged on the ground that the consent of the petitioner has not been taken for transferring him from the post of Constable Civil Police to Constable, G.R.P., Lucknow.
With reference to Clause '2' of the circular dated 6.4.2017, it is contended that without taking consent of the police personnel concerned, he cannot be transferred from Civil police to G.R.P.
This submission of learned counsel for the petitioner is based on misreading of clause '2' which only refers to the transfer of an employee on his own request.
Even otherwise, in case any consent is required to be taken from the police personnel, the same is not mandatory rather it is only in the nature of guideline.
A perusal of the transfer order indicates that total 87 police personnel have been transferred from Civil Police to G.R.P. Transfer order has been passed in the annual chain of transfer after ascertaining the requirement of the department concerned. The Apex Court in the case of State of Haryana & others Vs. Kashmir Singh & another reported in 2010 (13) SCC 306 has held that in the matter of transfer and posting of the police personnel, this Court should not ordinarily interfere.
Dismissed as such.
Order Date :- 30.5.2018 AK Pandey