Bhupendra Kumar Chandra vs State Of Chhattisgarh

By way of this writ petition, petitioner has challenged the impugned order, Annexure P-2, dated 12.09.2022 issued by Respondent No. 4/ IGP, whereby posting of the employees of the police department posted within the district Rajnandgaon is distributed to newly formed district Mohla-Manpur-Ambagarh Chowki.

Mr. Abhishek Pandey, learned counsel for petitioner would submit that the impugned order Annexure P-2 dated 12.09.2022 is per se illegal and bad in law. Under the Police Act, 2007, particularly, Section 22, the powers to transfer police personnel up to the level of Inspector from one district to another is with the Police Establishment Board. He next contended that due to impugned order of transfer, seniority of petitioner will be afected as he has been transferred from one district to another district because petitioner holds the post of district cadre. Petitioner is also subjected to frequent transfers. Vide Annexure P-1 dated 08.07.2022, he was transferred from police station Gatapar to police station Lalbagh, within a period of 02 months, he is again being transferred. On the above grounds and submissions, he submits that impugned order of transfer, sofar as, relates to petitioner, to be set aside. Learned counsel places reliance on the judgment passed in Writ Appeal No. 75/2022 (State of C.G and others vs. Smt. Gayatri Verma) passed on 10.02.2022, in support of his contention.

On the other hand, Mr. Ravi Bhagat, learned State counsel would submit that the order Annexure P-2 dated 12.09.2022 is not the order of transfer of petitioner along with other personnel but on account of formation of new district carving out from the old district of Rajnandgaon, for proper administration of afairs in the new district, petitioner along with other police ofcials have been distributed from the erstwhile district Rajnandgaon. He also contended that as the posting of petitioner is not by way of transfer, the submission of learned counsel for petitioner that posting of petitioner by the authority not competent to pass the order is also not sustainable, therefore, the third ground raised by counsel for petitioner that he is subjected to frequent transfer is also not correct. New district Mohla-Manpur-Ambhagarh Chowki is formed carving out from the old district Rajnandgaon only on 01.09.2022, hence, the submission of learned counsel for petitioner that his seniority will be afected is without any basis.

I have heard learned counsel for the parties and also perused the documents placed on record.

Annexure P-2 is an order distributing the police ofcials to newly formed district carving out of the old district Rajnandgaon which is clearly appearing from the contents of opening paragraph of the order impugned Annexure P-2, which reads as under:

Bare perusal of the aforementioned portion of the impugned order would show that the posting of petitioner who is holding the post of Constable in new district Mohla-Manpur-Ambagarh Chowki is not by way of transfer but by way of distribution, hence, the submission of leaned counsel for petitioner that Respondent No. 4 is having no authority or jurisdiction to transfer petitioner from one district to another is not sustainable and it is hereby repelled.

In view of the afore-discussion, it is apparent that it is not the posting of petitioner by way of transfer but by way of distribution on account of formation of new district, the submission of learned counsel for petitioner that his seniority will adversely be afected, prima facie, at this stage, is not acceptable. It is not in dispute that Section 22 of the Police Act, 2007 deals with transfer of police ofcials of subordinate rank up to the level of Inspector from one Zone or range or district to another by the Police Establishment Board but the provision of Section 22 will be attracted only when the order is having the efect of transfer of police ofcial up to the level of Inspector which is not the case at hand, as discussed above, but it is only the distribution of the police force from old district to newly created district by legislature just to smooth running of administration. The employees of all the departments including the police department, are to be distributed for proper and smooth running of administration.

In view of the above, in my opinion, the decision relied upon by the learned counsel for petitioner in Writ Appeal No. 75/2022 is not applicable to the facts of present case.

In view of the aforementioned facts of the case where the petitioner who is in uniform service is posted to make out the emergent need and proper arrangement of services of department of police in newly created district and his prime duty is to maintain law and order, I am not inclined to interfere with the order impugned Annexure P-2 passed by Respondent No. 4.

Consequently, writ petition is dismissed. However, Petitioner will be at liberty to approach appropriate authority by way of fling a representation. And, in the event, petitioner submits a representation, the same may be considered expeditiously in accordance with law preferably within a further period of three weeks from the date of receipt of representation.

Certifed copy as per rules.