N.N.TIWARI
Jagat Bandhu Mahapatra – Appellant
Versus
The State Of Jharkhand – Respondent
Narendra Nath Tiwari, J.
1. In this writ petition, the petitioner has challenged the order of his transfer from the post of Director General-cum-Inspector General of Police, Jharkhand to Director General-cum-Commandant General of Home Guards and Fire Service, Jharkhand, issued by Notification, being Memo No. 8/M-2-110/2007-2969/Ranchi dated 3 rd August, 2007 (Annexure-3).
2. The petitioner is a senior I.P.S. Officer. He was made Director General- cum-Inspector General of Police, Jharkhand in the month of September, 2006. According to the petitioner, his transfer is premature, arbitrary and violative of Article 14 and 16 of the Constitution of India and is unsustainable for the following reasons:
(i) Once being appointed as Director General-cum-inspector General of Police, Jharkhand, he is entitled to remain as such for a fixed tenure of two years irrespective of date of superannuation, as per the direction of the Honble Supreme Court in Prakash Singh and Ors. v. Union of India and Ors. .
(ii) Once appointed as Director General-cum inspector General of Police, Jharkhand, he can be removed only with consultation of the State Security Commission and only in the case where action i
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