Heard Sri Kumar Anish, learned counsel for the petitioner and Sri Ran Vijay Singh, learned Addl. Chief Standing Counsel for the State-respondents.
By means of this petition, the petitioner has assailed the transfer order dated 3.10.2019 transferring the petitioner who is serving on the post of Constable from 35th Bn. P.A.C., Lucknow to 48th Batalian Sonbhadra.
The contention of the learned counsel for the petitioner is that the aforesaid transfer order has been passed on the basis of public interest. However, this is a mid-session transfer and as per the settled proposition of law the authority concerned may transfer any employee in mid session if there is any administrative reason or exigency to that effect but no transfer order in public interest should have been passed in mid session.
Learned Additional Chief Standing Counsel has submitted that the aforesaid transfer order has been passed after seeking approval from the P.A.C. Establishment Board on 3.10.2019. Further, Sri Ran Vijay Singh has produced the copies of letter dated 25.11.2019 preferred by Superintendent of Police (E), U.P., P.A.C., Head Quarter, Lucknow addressing to the Chief Standing Counsel, High Court, Lucknow Bench enclosing therewith the comments. The comments reveal that on account of some complaints against the petitioner and other police personnels the then Commandant Ms. Sujata Singh of 32 Bn. P.A.C. has conducted preliminary inquiry and on the basis of preliminary inquiry it has been found that the retention of the petitioner at 35 Bn. P.A.C. / Sports Control Board, Lucknow would not be in the interest of the administration, therefore, the recommendation has been made that to maintain discipline, to develop sports spirit and to conduct independent inquiry the petitioner and other persons may be transferred at any other place. The comments are taken on record.
If there was any reason compelling the competent authority not to retain the petitioner at 35 Bn. P.A.C., Lucknow or at Sports Control Board, Lucknow the transfer order should have been passed on the administrative ground but in the garb of transfer on public interest, the consideration of administrative ground may not be taken into account. However, it is needless to say if any independent inquiry is conducted to that effect, to inquire into the allegations so levelled against the petitioner, the petitioner may be afforded an opportunity of hearing to defend the allegations but since at the stage of transfer no such opportunity is required.
Sri Ran Vijay Singh has also submitted that the petitioner has been relieved pursuant to the transfer order dated 3.10.2019 but has yet not proceeded towards his transferred placed for the reason that he has submitted his medical certificate saying that he is running ill.
Be that as it may, without giving any judicial finding on the allegations so levelled against the petitioner as apprised vide instruction letter dated 25.11.2019 for that independent inquiry is being considered by the competent authority as indicated in the letter but quashing the transfer order or staying the transfer order in the given circumstances would also not be proper at this stage, therefore, no interference is warranted.
Since as per instructions the transfer order appears to be passed on administrative reason but the nature of the transfer order is in the public interest in the mid session, therefore, the liberty is given to the petitioner to prefer a fresh representation taking all pleas and grounds which are available to him enclosing therewith the copies of relevant orders which are necessary for the disposal of the representation of the petitioner within one week and if such representation is preferred within aforesaid stipulated time, the competent authority shall pass appropriate orders strictly in accordance with law with expedition preferably within a period of 7 days thereafter clarifying the position as to what is the actual nature of the transfer and if there is any reason for what the opportunity of hearing to the petitioner is warranted, the same shall be provided to the petitioner. It is also clarified that the fact of medical leave shall be examined strictly in accordance with law and appropriate orders shall be passed to that effect also.
Till the disposal of the representation or period of 15 days whichever is earlier no coercive action shall be taken against the petitioner.
In view of above directions, writ petition is disposed of.
Order Date :- 26.11.2019 RBS/-
[Rajesh Singh Chauhan,J.]