Court No. - 74
Case :- WRIT - A No. - 6071 of 2021 Petitioner :- Satish Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Jadu Nandan Yadav,Arimardan Yadav Counsel for Respondent :- C.S.C.
Hon'ble J.J. Munir,J.
Heard Mr. Pravesh, learned Advocate holding brief of Mr.
J.N. Yadav, learned Counsel for the petitioner and the learned Standing Counsel appearing for the State through video conferencing.
The petitioner, who is a Sub-Inspector of Police posted at Bareilly, has been transferred by the order impugned dated 25th March, 2021 to the G.R.P. Headquarters, Lucknow. He challenges this order on various grounds, in particular his age which he says is on the brink of 47 years. He also submits that he suffers from bad health and is undergoing treatment at Bareilly. He placed reliance on a letter dated 28.02.2021 issued by the Director General of Police, which says that for the purpose of posting to the G.R.P., necessary applications may be invited from desirous Sub-Inspectors, Head Constables and Constables from the Civil Police on the prescribed proforma. It is indicated in the said order that the age of a Sub-Inspector, Head Constable or Constable as on 30.04.2021 should not exceed 47 years. It is this part of the age qualification for posting as also good health that the petitioner says vitiates his transfer from the Civil Police at Bareilly to the G.R.P., Headquarters at Lucknow. In substance, what the petitioner asks this Court is to enforce an order of the Director General of Police governing transfer of police personnel from the Civil Police to the G.R.P.
It is not a statutory rule or a Government Order with a statutory flavour of which the petitioner seeks enforcement. An administrative order of the Director General of Police is for him to examine and abide by. If the Police Establishment Board have disregarded an order passed by the D.G.P. in the matter of transferring the petitioner from the Civil Police to the G.R.P., it is for the Director General of Police, U.P. to see that his orders are not violated.
This Court would certainly not go about enforcing the D.G.P.'s orders through its writ in his own department. Even otherwise, transfer is an exigency of service and unless the transfer is contrary to statutory rules or demonstrably one made mala fide, it cannot be the subject matter of our scrutiny in the exercise of jurisdiction under Article 226 of the Constitution.
However, since the petitioner has attempted to show that the order of the Director General of Police dated 28.02.2021 has been violated by the Police Establishment Board while passing the impugned order dated 25.03.2021, the petitioner is permitted to prefer a representation, if so advised, to the Director General of Police, U.P., Lucknow within two weeks of date. If the petitioner makes a representation to the Director General of Police, U.P., Lucknow, the said Authority is ordered to decide the same within two weeks next of its receipt.
This writ petition is disposed of in terms of the aforesaid orders.
Let this order be communicated to the Director General of Police, U.P., Lucknow by the Joint Registrar (Compliance) within 48 hours.
Order Date :- 24.5.2021 Anoop