Umesh Garg vs State of MP

Rohit Arya, J.—By this petition under Article 226 of the Constitution of India, challenge is made to the transfer order dated 07/08/2014 (Annexure P/1). By the aforesaid order, services of the petitioner from Economic Offence Wing Gwalior, a part of the police establishment have been placed back to the Police Headquarter, Bhopal.

The petitioner''s services were placed in the Economic Offence Wing (hereinafter referred to as ''the EOW'') vide order dated 20/09/2011 (Annexure P/2) and accordingly was posted at Gwalior vide order dated 31/10/2011 (Annexure P/3) and since then, he has been working therein. It appears that while serving as Inspector, EOW, Gwalior, the petitioner submitted a representation, the contents whereof are to an extent of amusing in nature (Annexure P/5) wherein petitioner sought parity of his status with other colleagues in the same rank seeking indulgence of the Superintendent of Police, EOW, Gwalior in the matter of providing him an official vehicle with beacon light (yellow colour) studded on the top of it. Besides provision for air conditioned chamber in the office and various other facilities so that he may also attend the office with full honour and authority at his command. Another representation to the same effect has been submitted addressed to the Additional Director General, EOW, Bhopal and by Annexure P/7, petitioner himself requested his transfer from EOW, Gwalior though of course, for different place.

Counsel for the petitioner contended that as petitioner''s services have been transferred back to Police Headquarter, Bhopal without proposal being placed before the Police Establishment Board. The transfer order is illegal and cannot stand in the eye of law. He referred to the judgment of the Hon''ble Apex Court in the case of Prakash Singh and Others Vs. Union of India (UOI) and Ors, in support of his contention.

The judgment of the Hon''ble Apex Court cited above, in fact and in effect is based on broad principles providing guidelines and regulations of police force at National/State level considering the far reaching changes that had taken place in the country after the enactment of the Police Act, 1861, particularly, in the absence of any comprehensive review at the national level of the police system after independence, various measures have been recommended for making the police force meaningful in the country.

It is not in dispute that EOW is part and parcel of Police Headquarter, Bhopal.

The petitioner upon promotion as Inspector and as per decision of the Police Establishment Board posted under the EOW and he has been working since 31/10/2011. The Director General, EOW has returned back the services of petitioner to the Police Headquarter, Bhopal for the reason that there is no requirement of services of the petitioner in the EOW.

In the opinion of this Court, no illegality has been committed by the Director General, EOW while returning back the services of the petitioner to the Police Headquarter, Bhopal and not referring the matter to the Police Establishment Board. It appears that the petitioner instead of paying attention towards discharge of his duties has been more interested and ambitious to have acclaimed power and influence in the society though serving as a public servant. Needless to say that self-discipline and self-restraint are requirements in public employment and each public servant is expected to adhere thereto. The transfer is an incident of service and part of service condition. Petitioner cannot claim to have his choice or preference to be posted at a particular place. The employer has always been held to be in the best position to organize and mobilize the services of its work force wherever it is necessary for its optimum use. If petitioner''s services are found to be not required by EOW and services are placed back at the Police Headquarter, Bhopal, no exception thereto can be taken warranting interference under Article 226 of the Constitution of India.

Petition sans merit and is accordingly dismissed.