This writ petition challenged a transfer order regarding a police officer. The court held that transfer is an incident of service and found no illegality or irregularity in the order. It dismissed the petition.
The writ petition was dismissed on the ground that the transfer order was legal and lacked illegality or irregularity.
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Court No. - 34
Case :- WRIT - A No. - 7469 of 2022
Petitioner :- Babita Rani Kaushik Respondent :- The State Of U P And 6 Others Counsel for Petitioner :- Atipriya Gautam,Ishir Sripat,Sr. Advocate,Vinod Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Rajeev Misra,J.
Heard Mr. Vijay Gautam, learned Senior Counsel assisted by Ms. Atipriya Gautam, learned counsel for petitioner and learned Standing Counsel representing respondents-1 to 7.
Challenge in this writ petition is to the transfer order dated 12.04.2022 passed by respondent-3, Superintendent of Police (Establishment) Intelligence, Intelligence Headquarter, Uttar Pradesh, Lucknow (Annexure-1 to the writ petition), whereby petitioner has been transferred from Local Intelligence Unit (LIU), Bulandshahar to Special Branch, Chitrakoot.
Learned Senior Counsel for petitioner contends that impugned transfer order is manifestly illegal and arbitrary. Petitioner had made certain complaints against certain officials, who were found guilty. However, irrespective of above, it is the petitioner, who has been transferred. No action has been taken against the guilty police officer on the basis of enquiry report submitted on the complaint of petitioner.
Per contra, the learned Standing Counsel contends that though allegations of mala fide have been made in the writ petition but no authority has been impleaded by name to establish mala fide against such officer. In the absence of above, the allegation of mala fide cannot be taken into consideration. It is next contended that the impugned transfer order has been passed with the approval of Police Establishment Court and, therefore, same is perfectly just and legal. Even otherwise transfer is an incident of service.
Having heard learned Senior Counsel for petitioner, learned Standing Counsel and upon perusal of record, this Court does not find any illegality or irregularity in the impugned transfer order. Transfer is an incident of service and, therefore, petitioner is bound to comply with the same.
In view of above, present writ petition fails and is liable to be dismissed.
It is, accordingly, dismissed.
However, it shall be open to the respondents to consider the recommendation made by respondent-5, Additional Director General of Police, Meerut Zone, Meerut to respondent-2, Director General of Police, Intelligence, vide letter dated 15.04.2022.
Order Date :- 17.5.2022 Saif
Digitally signed by SHAIKH SAIF ABDIN Date: 2022.05.21 10:58:40 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the impugned transfer order of a police officer is arbitrary and illegal.
Whether the transfer order passed with the approval of the Police Establishment Court can be impugned.
Babita Rani Kaushik
The State Of U P
Police Establishment Court
Superintendent of Police (Establishment) Intelligence, Intelligence Headquarter, Uttar Pradesh
Director General of Police, Intelligence
Additional Director General of Police, Meerut Zone
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
