Court No. - 38
Case :- WRIT - A No. - 11226 of 2019 Petitioner :- Chandrahas Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinod Kumar Mishra,Devesh Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is aggrieved by an order of transfer dated 27th June 2019, whereby he has been sent from Prayagraj to Fatehpur.
The order of transfer is assailed on the ground that approval has not been obtained from Directorate of Traffic as is required in terms of circular dated 26th September 2009.
Learned Standing Counsel points out that petitioner holds a transferable post and there is no contemplation in the service rules which require any permission from Director before transferring an employee of the Traffic Police. It is also submitted that a Division Bench of this Court in Special Appeal Defective No. 312 of 2015 (Shiva Kant Dubey Vs. State of U.P. and five others) has been please to hold that it would be open for a Member of Police Force to be transferred after obtaining approval of the Police Establishment Board, inasmuch as the entire police establishment under the State Government is deem to be one police force, and that Police Officers working in different branches of police, can always be transferred from one branch to another. It is not in issue that petitioner is continuing for the last 11 years at Allahabad and he otherwise holds a transferable post.
In such circumstances, if petitioner has been transferred to Fatehpur, no exception can be taken to it. Challenge laid to the order of transfer, therefore, fails.
It would otherwise be relevant to observe that the communication dated 26th September 2009 appears to be internal departmental communication, which is not to be read as a statute and would at best be directory in nature.
In the facts and circumstances, since petitioner has already continued for more than ten years before he has been transferred, no case for interference under Article 226 is made out.
However, it is provided that in case petitioner joins, it would be open for him to represent his grievance, highlighting his personal difficulties before the authority concerned, which shall be dealt with in accordance with law.
With the aforesaid observations, this writ petition is consigned to records.
Order Date :- 26.7.2019/M. ARIF