Hari Om Rai vs State of U.P. and Others

Shabihul Hasnain, J.—Heard learned Counsel for the petitioner and learned Standing Counsel for quite some time.

Impugned order was not available on record. Although there is a request that the same may be summoned and quashed. Today, supplementary affidavit has been filed and the impugned order dated 30.6. 2008 has been annexed with the affidavit. The supplementary affidavit is taken on record.

The petitioner has challenged the transfer order on the ground that the same has been passed in contravention of the judgment and order passed by the Hon''ble Apex Court in the case of Prakash Singh and Others Vs. Union of India (UOI) and Ors, According to the directions issued in this case ''transfer'' of police officials is to be made by an independent ''Police Establishment Board''. Without its concurrence no transfer should ordinarily be made. The argument from the petitioner side is that in the teeth of this judgment there is no occasion for the Inspector General / Deputy Inspector General / Superintendent of Police or by any ''Regional'' or ''District'' level board to pass any transfer order. Routine transfers should be made by the ''Board'' and not by the individual officers.

On the strength of argument of the petitioner this Court feels that the order of transfer can not be sustained, it is, therefore, quashed.

However, it is provided that the opposite parties are at liberty to pass a fresh order in accordance with law to meet out the exigencies of service, if necessary.

With the above observation, the writ petition is allowed.