Quashed

Tonesh Tyagi v. Inspector General Of Police and Others

Uttarakhand HC9 Dec 2014WPSS/980/2014

Case brief

AI extract

What is this about?

The Court quashed a transfer order of a constable on administrative grounds due to the absence of recorded satisfaction and reasons by the transferring authority, while directing a departmental enquiry if initial complaints of extortion and bribery are prima facie established.

What did the court decide?

The impugned transfer order dated 01.05.2013 is set aside/quashed. The petitioner may be transferred in normal course if previously stayed for required duration. Departmental enquiry directed.

Tonesh Tyagi Vs Inspector General Of Police and… — Service and Employment | Uttarakhand HC (2014)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No.980 of 2014

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Tonesh Tyagi ……..Petitioner Versus

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Inspector General of Police, Police Head Quarter, Dehradun & others ………Respondents

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Hon’ble Sudhanshu Dhulia, J. (Oral)

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Mr. A.K. Sharma, Advocate present for the petitioner.

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Mr. R.P. Sharma, Brief Holder present for the State/respondents.

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Petitioner before this Court is a constable who has been transferred vide order dated 01.05.2013 on administrative ground from Udham Singh Nagar to Bageshwar. The main ground for challenge of this order is that transfer on administrative ground cannot be passed without the concerned authority recording his satisfaction to the effect and assigning the reasons as to what are the administrative grounds.

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In the counter affidavit which the State has filed, the reasons given are that against the petitioner as well as against another person who is not before this Court, there were complaints by the members of public that they are indulging in gross extortion of money from the public, taking bribe, threatening the ordinary members of the public etc. This complaint was made to the Hon’ble Chief Minister and thereafter it was forwarded to the police authorities and on that complaint they have been transferred.

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The petitioner on the other hand states that on the said complaint an enquiry was concluded and a report

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of which is annexed with the rejoinder affidavit which prima facie finds that the allegations against the petitioner could not be established.

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As far as the transfer of a government servant on administrative ground is concerned, a Full Bench of this Court in the case of Smt. Damyanti Bisht Vs. State of Uttarakhand & others, (Special Appeal No.143 of 2008) reported in 2008(2) U.D. 517, has been held that transfer order on administrative ground can be made and a transfer order merely because it is on administrative grounds is not bad. The relevant portion of the judgment reads as under:-

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“We, while upholding the aforesaid view,

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substitute our own opinion by laying down that even though a transfer order on administrative ground per se is not bad in law, no person can be transferred on an administrative ground unless before issuing the transfer order, the Authority competent to transfer has arrived at and recorded his satisfaction, upon due verification and confirmation, about the existence and truthfulness of any of the three factors/grounds/considerations warranting the transfer of the person concerned.”

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Though reasons for transferring the petitioner have been disclosed by the State for the first time in counter affidavit yet in impugned transfer order such reasons or the satisfaction of the concerned authority has not been recorded. Now such reasons have to be assigned. To that extent, the transfer order dated 01.05.2013 is bad and the same is hereby quashed.

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As far as the present petitioner is concerned, having made the above determination, this Court deems it necessary to add, in order to remove any kind of doubt, that in case the petitioner has already stayed the normal

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required duration at the earlier place i.e. at Rudrapur, District Udham Singh Nagar, he may be transferred in normal course. Presently, however, since the transfer order is on administrative ground and the satisfaction has not been recorded by the concerned authority, the impugned transfer order dated 01.05.2013 is hereby set aside. However, since the charges levelled against the petitioner in the public complaint are extremely serious in nature, this Court has no doubt in its mind that if such charges are proved against the petitioner it would attract a major penalty. The department shall enquire into the matter by deputing a responsible officer to conduct the enquiry into the matter and if, prima facie, the case is against the petitioner is established then a full fledged departmental enquiry be conducted in accordance with law and appropriate orders be passed.

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With the above determination, the writ petition is disposed of. No order as to costs.

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( Sudhanshu Dhulia, J. ) 09.12.2014 ML

Tonesh Tyagi v. Inspector General Of Police and Others

Case brief

What is this about?

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Tonesh Tyagi v. Inspector General Of Police and Others

Case brief

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