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1995 Supreme(Cal) 201
High Court Of Calcutta
BHAGAWATI PRASAD BANERJEE
SANTI RANJAN GANGULLY - Appellant
Versus
STATE OF WEST BENGAL - Respondent
C. O. 7862 Of 1995
Decided On : 06/21/1995
ALOKE BISWAS, BHOLA NATH SEN, Jayatosh Majumdar
A transfer order issued in violation of mandatory statutory provisions is illegal and void, and the court has the authority to interfere in such cases.
Headnote:
ADMINISTRATIVE LAW - TRANSFER OF OFFICERS - POLICE REGULATIONS, CALCUTTA - REGULATION 28 (B), 30, 31 - VALIDITY OF TRANSFER ORDER - COURT'S INTERFERENCE - CIRCUMSTANCES FOR DEPARTURE FROM STATUTORY PERIOD - MALA FIDES OR VIOLATION OF STATUTORY PROVISIONS.
Fact of the Case:
Petitioner, an Inspector of Police, challenged the validity of his transfer order from Officer-in-Charge, Gariahat Police Station to Enforcement Branch, alleging violation of Police Regulation 28 (b), which mandates a three-year tenure for Officer-in-Charge of a police station, and Regulation 30, which requires minimizing transfers.
Finding of the Court:
The court held that the transfer order was illegal and void as it violated the mandatory provisions of Regulation 28 (b), read with Regulation 30 and 31 of the Police Regulations, Calcutta. The court found that the Commissioner of Police had not provided any justification for the departure from the statutory period and had failed to follow the prescribed procedure for transfer.
Issues: 1. Whether the transfer order violated the mandatory provisions of Police Regulation 28 (b), read with Regulation 30 and 31 of the Police Regulations, Calcutta? 2. Whether the Commissioner of Police provided any justification for the departure from the statutory period?
Ratio Decidendi: 1. The court interpreted Regulation 28 (b) and Regulation 30 together and held that the statutory period of three years for an Officer-in-Charge of a police station could only be curtailed in cases of exigencies like sickness, leave, promotion, retirement, serious misconduct, and other unpreventable causes, and that the number of transfers should be minimized. 2. The court found that the Commissioner of Police had not provided any reason or justification for the departure from the statutory period in the transfer order, and had not followed the prescribed procedure for transfer.
Final Decision: The court set aside the transfer order insofar as it transferred the petitioner from Officer-in-Charge, Gariahat Police Station to Enforcement Branch, without prejudice to the rights of the respondents to pass an appropriate order in accordance with the law.
( 1 ) THE petitioner has challenged validity of the order of transfer passed on 12th May, 1992, transferring him from the post of Officer-in-Charge, Gariahat Police Station to Enforcement Branch, alleging that the said order of transfer was made in the interest of public service. Along the petitioners several other officers who were also transferred by C. O. No. 162, dated 12th May, 1995, which reads as follows : "the following transfers in the rank of Inspector of Calcutta Police (Investigating Cadre) are order with immediate effect in the interest of public service :-1. Shri Prodyut Bikas Das (Offg.) of North Division, Additional Officer-in-Charge, Syampukur P. S. is posted as Officer-in-Charge Jorabagan P. S.
( 2 ) SHRI Prabir Chakraborty (Offg.) of South Division, Additional Officer-in-Charge Bhowanipore P. S. is posted as Officer-in-Charge New Alipore P. S.
( 3 ) SHRI Manas Kr. Bandyopadhyay of South Division, Officer-in-Charge New Alipore P. S. , is posted as Officer-in-Charge Alipore P. S.
( 4 ) SHRI Santi Ranjan Gangully of South Division, Officer-in-Charge Gariahat P. S. is posted to Enforcement Branch.
( 5 ) SHRI Gananath Mukhopadhyay (Offg.) of North Division, Additional Officer-in-Charge Amherst St. P. S. is posted to South Division as Officer-in-Charge, Gariahat P. S.
( 6 ) SHRI Brojeswar Bhattacharjee of North Division Officer-in-Charge Jorabagan P. S. is posted as Officer-in-Charge Amherst St. P. S.
( 7 ) SHRI Adhir Ghosh (Offg.) of Detective Department is posted to Special Branch.
( 8 ) SHRI Raghabendra Bandyapadhyay (Offg.) of Detective Department is posted to Special Branch. (C. O. No. 162 dated 12. 5. 95.)2. The case of the petitioner is that the petitioner was transferred from the Enforcement Branch to South Division as Officer-in-Charge of Gariahat Police Station only by an order dated 22. 02. 1994, in terms of C. O. No. 54 and that petitioner actually served at the Officer-in-Charge, Gariahat Police Station for about one year and three and half months. 3. The petitioner joined in the Calcutta Police Force in the year 1964 as Sub-Inspector of Police. He was initially posted at Port Commission where he successfully worked while he was posted as Sub-Inspector of Police in Police Stations in North Port and South Port, Garden Reach. He was promoted as Inspector of Police on 13th December, 1984, and worked as Officer-in-Charge for Metro Railways for more than two years and five months. He was first Officer-in-Charge of the Metro Railways, Calcutta, on 21st May, 1987, he was transferred as Officer-in-Charge at Ekbalpur Police Station and then by an order dated 16th November, 1988, he was transferred to Security Control and Arms Department, as a result of which, he only worked about one year five months as Officer-in-Charge of Ekbalpur Police Station. It is on record that while working at Ekbalpur Police Station, he received several awards and his service was highly commended by the highest authorities. After he was transferred to the Security Control Organisation, he worked in three important sections of the said Department as Officer-in-Charge, like the Foreign Registration Office, Rishra Section. On 30th March, 1992, he was again transferred and posted as Officer-in-Charge in New Alipore Police Station only for a period of ten months, and on 3rd February, 1993, he was transferred to the Enforcement Branch where he worked in three important sections like Foreign Marketing Control, Statistics and Clerk Section as Officer-in-Charge. After one year he was transferred as Officer-in-Charge of Gariahat Police Station on 22nd February, 1994. On the basis of these facts the petitioner filed a writ application challenging the validity of the order of transfer alleging that the said order of transfer was passed in violation of the provisions of Rule 28 Chapter XVII of Police Regulation, Calcutta, Vol. 1. The writ application was admitted by Satyabrata Sinha, J. , by an order dated 16th May, 199
