Writ petitioner - appellant, aggrieved by an order dated 18th of December, 2009 passed by learned Single Judge in Civil Misc. Writ Petition No.67206 of 2009, has preferred this appeal under Rule 5 Chapter VIII of the Allahabad High Court Rules, 1952.
Writ petitioner - appellant (hereinafter referred to as the 'petitioner') happens to be a Police Constable and aggrieved by order dated 09.11.2009, whereby he was transferred from district Jalaun to Lalitpur, preferred the writ application. The petitioner had also challenged the order dated 10.11.2009, whereby he was relieved from Jalaun as also the order dated 19.11.2009, whereby he was transferred from district Jalaun to Ghazipur.
Challenge made to the order of transfer has failed, and the learned Single Judge has observed that the order of transfer is not fit to be set aside on the plea of the petitioner that no approval was granted by the Police Establishment Board. The learned Single Judge has observed that Police Establishment Board had granted approval for his transfer from Jalaun to district Ghazipur.
Another plea of the petitioner was that his transfer was effected at the instance of the Member of Parliament, which also did not find favour with the learned Single Judge, and in this connection, he had observed as follows :
" This Court is of the opinion that a Member of 2 Parliament is an elected representative of the people and can always bring to the notice of the authorities any conduct or misconduct of a Government Servant and it cannot be said that it would not be permissible. The Hon'ble Supreme Court in the case of M.M. Ahmad Vs. State of U.P. reported in JT (7) 2007 SC page 467 has held that an elected representaive (MLA) can recommend a transfer of a Government Servant and a transfer order cannot be held illegal for that reason."
When the matter was taken up yesterday, counsel for the petitioner made a categorical statement and prayed for time to file supplementary affidavit, stating that appellant was transferred from district Jalaun to Ghazipur without approval of the Police Establishment Board.
Counsel for the petitioner has filed the supplementary affidavit. Mr. Ram Autar Verma, learned counsel appearing on behalf of the petitioner does not dispute that the petitioner was transferred from Jalaun to Ghazipur with the approval of the Police Establishment Board. However, he submits that his transfer from Jalaun to Lalitpur by order dated 09.11.2009 was without approval of the Police Establishment Board.
As the petitioner himself had questioned the order of transfer dated 19.11.2009 in the writ petition, whereby he was transferred from district Jalaun to Ghazipur, the validity of the order of transfer dated 09.11.2009 is not fit to be gone into.
Undisputedly, petitioner has been transferred from district Jalaun to Ghazipur by order dated 19.11.2009 after the approval of Police Establishment Board. Said order is not fit to be interfered on the ground that while passing the 3 order of transfer earlier, the approval of the Police Establishment Board was not taken.
Mr. Verma further submits that after the order of transfer dated 09.11.2009, from district Jalaun to Lalitpur, petitioner ought not to have been transferred again by order dated 19.11.2009 from district Jalaun to District Ghazipur. It is not the case of the petitioner that in pursuance of the order dated 09.11.2009, he had joined at the transferred place.
In that view of the matter, the transfer of the petitioner from district Jalaun to Ghazipur does not suffer from any error.
Mr. Verma, lastly submits that the writ petition ought not to have been decided on the basis of the statement made on instruction by the learned Standing Counsel and in this connection, he has referred to the provisions of Rule 8 Chapter XXII of the Allahabad High Court Rules, 1952.
This argument has only been noted to be rejected. Standing Counsel on instruction and with reference to the order dated 19.11.2009 pointed out to the Court that transfer from district Jalaun to Ghazipur was with the approval of the Police Establishment Board. We are of the opinion that the learned Single Judge did not err in taking into consideration the aforesaid plea of the Standing Counsel.
We are of the opinion that the consideration of the matter by the learned Single Judge, does not suffer from any error, calling for interference in this appeal.
We do not find any merit in the appeal, and it is dismissed with cost of Rs.5000/- to be paid by the petitioner to the Allahabad High Court Mediation and Conciliation Centre at Allahabad.
Petitioner shall deposit the aforesaid amount within four weeks from today and on his failure, the Superintendent of Police of the district where the petitioner is working shall realise this amount from his salary and deposit the same in the aforesaid account.
Date : 07.01.2010 VMA (C.K. Prasad, C.J.) (Pankaj Mithal, J.)