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High CourtsDivision Bench(2013) 03 SHI CK 0048

Mohan Singh vs State of Himachal Pradesh and Another

High Court Of Himachal Pradesh · Decided on 23 March 2013

HON’BLE JUDGES
R.B. Misra, Acting C.J. · Rajiv Sharma, J
CASE NUMBER
CWP No. 9113 of 2012-B

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Judgment

3 paragraphs · 360 words
1.

On the recommendations of the Departmental Promotion Committee, petitioner, who was working as Assistant Sub Inspector of ECC (Accounts Branch), was promoted as officiating Sub-Inspector of ECC (Accounts Branch) vide order dated 19.11.2009. He joined his duties at Kinnaur. He was transferred from the office of Superintendent of Police, Kinnaur to the office of the Superintendent of Police, Bilaspur. Case of the petitioner, in a nutshell, is that he should have been transferred to Shimla instead of Bilaspur. According to section 86 (2) of the Himachal Pradesh Police Act, 2007, NGO Grade-1 cannot be posted in his home district. Section 82 (2) of the Himachal Pradesh Police Act, 2007 reads thus:

82(2): No Gazetted Police Officer or Non-Gazetted Police Officer Grade-1 shall be posted in his Home district and no Non-Gazetted Police Officer Grade-II shall be posted in his Home Police Station, as recorded in his Service Book.

2.

As far as the case of ASI Gopal Krishan is concerned, he has been retained pursuant to order of this Court in CWP No. 5152/2011 dated 2.12.2011. Similarly, Ram Gopal has also been adjusted pursuant to this Court order in CWP No. 7226/2012 dated 29.8.2012. Petitioner belongs to a disciplined force. He has no right to be posted at particular place. The letter and spirit of section 86 (2) of the Himachal Pradesh Police Act, 2007 is that no vested rights are created by the NGO Grade-I. However, the fact of the matter is that, respondent-Department has retained NGO Grade-I personnel serving in executive cadre in Shimla District belonging to Shimla District. This is against the provisions of section 86 (2) of the Himachal Pradesh Police Act, 2007. Accordingly, in view of the observations made hereinabove, there is no merit in the writ petition and the same is dismissed. However, respondent No. 2 is directed to ensure that no personnel belonging to NGO Grade-1 is retained in his home District as per section 86 (2) of the Himachal Pradesh Police Act, 2007 and the necessary orders to this effect shall be passed within a period of two months from today. Pending application(s), if any, also stands disposed of. No costs.