Udai Pal Pandey vs State of U.P. and Others

Devi Prasad Singh, J.—Heard learned Counsel for the petitioner and the learned Standing counsel.

The impugned order of transfer has been passed by the IG Police and not by the Board appointed in terms of the order passed by the Hon''ble Supreme Court in the case reported in Prakash Singh and Others Vs. Union of India (UOI) and Ors,

In the light of judgment of Hon''ble Supreme Court, this Court had interfered in so many cases and stayed the order of transfer which were passed by the authorities and not by the Board.

However, learned Standing counsel defends the impugned order being passed by the competent authority. Para 31(5) of the case of Prakash Singh (supra) for convenience is reproduced as under:

Police Establishment Board:

(5) There shall be a Police Establishment Board in each State which shall decide all transfers, postings, promotions and other service related matters of officers of and below the rank of Deputy Superintendent of Police. The Establishment Board shall be a departmental body comprising the Director General of Police and four other senior officers of the Department. The State Government may interfere with decision of the Board in exceptional cases only after recording its reasons for doing so. The Board shall also be authorized to make appropriate recommendations to the State Government regarding the posting and transfers of officers of and above the rank of Superintendent of Police, and the Government is expected to give due weight to these recommendations and shall normally accept it. It shall also function as a forum of appeal for disposing of representations from officers of the rank of Superintendent of Police and above regarding their promotion/transfer/disciplinary proceedings or their being subjected to illegal or irregular orders and generally reviewing the functioning of the police in the State.

A plain reading of the aforesaid judgment indicates that their Lordships of Hon''ble Supreme Court had provided that the Board in each State shall decide all transfers, postings, promotions and other service related matters of officers of and below the rank of the Deputy Superintendent of Police. Thus, the order should be referred to Board and only Board has got power to transfer the police officer from one place to other. At the face of record, the impugned order has been passed in violation of judgment of Hon''ble Supreme Court.

However, petitioner had already resumed duty at Sultanpur, Thana Kadipur and one year has been elapsed. Since, the impugned order seems to have been passed without jurisdiction, the respondents are directed to refer the petitioner''s case to Board for appropriate decision in the light of Apex Court judgment. Let a decision be taken by the Board within two months from today. Learned Standing counsel shall communicate the order passed by this Court.

Since, order of suspension was passed on account of non compliance of impugned transfer order, which at the face of record was passed by the competent authority the order of suspension seems to be bad in law.

Accordingly, order of suspension is set aside and petitioner shall be paid wages of the period during the period he was placed under suspension with all consequential benefits. Writ petition is disposed of accordingly.