Point of Law: Division Bench, on appeal, came to the conclusionthat statutory provisions limit the transfer liability of the Constable and Head Constable within the district and the Assistant Sub Inspector within the Range.

ORDER :

1. Learned counsel for the parties jointly submit that the controversy is squarely covered by the order passed by a coordinate Bench of this Hon’ble Court in Dinesh Kumar Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.11067/2021) on 10.02.2022, which reads as follows :

“These writ petitions have been filed by the petitioners aggrieved against the order dated 18.12.2020 (Annex.3), whereby, the Headquarter of the petitioners during the period of suspension has been changed from Churu to Sri Ganganagar.

The respondents by order dated 18.12.2020, inter-alia indicating that as it has come to the notice that in most of the cases, the suspended policemen have their Headquarter in the same Range/Unit, resulting in an apprehension that they may affect the cases and, therefore, their Headquarters be changed and consequently, the Headquarter of the petitioners has been changed.

Learned counsel for the petitioners made submissions that issue regarding the change of of Headquarter of persons like petitioners, who are Head Constable stands squarely covered by judgment of this Court in Subhash Chandra v. State of Rajasthan & Ors., S.B. Civil Writ Petition No.10353/2021, decided on 03.09.2021, which order has been upheld by the Division Bench in State of Rajasthan & Ors. v. Surendra Khokhar, D.B. Special Appeal Writ No.610/2021, decided on 29.11.2021.

Learned counsel for the respondents attempted to make submissions that the order in the case of Subhash Chandra (supra), as upheld by the Division Bench, is contrary to the provisions of the Rule. However, it was conceded that the seniority of Head Constable is being maintained at District Level.

A Coordinate Bench of this Court in the case of Subhash Chandra (supra) came to the following conclusion:-

“(35) As the appointing authority of Constable/Head-Constable is the Superintendent of Police of the district concerned, consequent to their transfer under consideration, the Constables and Head-Constables will be required to receive instructions/directions from the Superintendent of Police of the district in which they have been transferred and as a natural corollary of their transfer, their appointing authority, so also the disciplinary authority will be changed.

(36) Such action of the respondents cannot be countenanced as the Appointing Authority and Disciplinary Authority of an employee cannot be changed without his/her consent.

(37) The transfers made vide order under challenge are, on the one hand, contrary to the statutory provisions and judgments of this Court and on the other hand reflective of non-application of mind.

(38) This Court fails to comprehend that if any disciplinary action is to be taken against a transferred Constable/Head Constable, then, who will be the competent authority to initiate the enquiry? Subhash Chandra (petitioner in S.B. Civil Writ Petition No.10353/2021), being a Constable (General Duty), has been transferred from Jaisalmer to G.R.P., Ajmer; his disciplinary authority prior to the impugned transfer was Superintendent of Police, Jaisalmer. May be, as per the stand of the respondents, his seniority will remain as per his seniority in Jaisalmer, but what would happen if the persons junior to him posted in Jaisalmer are promoted, whereas no promotional avenues are available in G.R.P., Ajmer. Will he still be given promotion?

(39) That apart, if due to any delinquency, a disciplinary action is proposed to be taken against the said Constable (Subhash Chandra), whether the Superintendent of Police, Jaisalmer will be the competent authority to initiate the disciplinary proceedings or the Superintendent of Police at Ajmer!

(40) There are many more related or ancillary questions attached with such transfer, such as; at which place the service record of the transferred employees will be kept, who will deal with leave applications etc. of the transferred Constable/Head Constables and A.S.Is? The Rules of 1989 are silent in this regard. The hiatus, if any, cannot b