Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAYA KUMAR MISHRA, SANJAY KUMAR DWIVEDI, JJ.
Mohan Prasad Yadav & Ors. - Appellants
Versus
The State of Jharkhand & Ors. - Respondents
L.P.A. No. 17 of 2023
Decided On : 21-07-2023
Transfer - Police Personnel - Rule 778(x) of the Jharkhand Police Manual - 778(x) - The court discussed the application of Rule 778(x) of the Jharkhand Police Manual, which governs the posting of police personnel. The rule allows inter-unit transfer only on promotion or for special reasons. The court interpreted and applied this rule to determine the validity of the transfer order issued to the petitioners. The court found that the transfer was justified based on administrative exigencies and the need to maintain the sanctioned strength of the units.
Fact of the Case:
The writ petitioners, police personnel serving in their paternal battalion, challenged their transfer to vacant posts in other battalions. They argued that the transfer violated Rule 778(x) of the Jharkhand Police Manual, as they had not been promoted and there were no special reasons for their transfer.
Finding of the Court:
The court found that the transfer was justified based on administrative exigencies and the need to maintain the sanctioned strength of the units. It held that the petitioners, as members of a disciplined force, could not be allowed to stay at a particular place of their choice for years together. The court also emphasized that the transfer of an employee is an essential condition of service, in the absence of any specific indication to the contrary.
Issues: The main issue was whether the transfer of the petitioners to vacant posts in other battalions violated Rule 778(x) of the Jharkhand Police Manual.
Ratio Decidendi: The court held that the transfer was justified based on administrative exigencies and the need to maintain the sanctioned strength of the units. It emphasized that the transfer of an employee is an essential condition of service, in the absence of any specific indication to the contrary.
Final Decision: The court dismissed the Letters Patent Appeal, upholding the decision of the learned Single Judge to dismiss the writ petition challenging the transfer order.
ORDER :
Sanjay Kumar Dwivedi, J.
1. The present intra-court appeal has been preferred being dissatisfied by the judgment dated 23.12.2022 passed by the learned Single Judge in W.P.(S) No.5954 of 2022, whereby, he has been pleased to dismiss the writ petition.
2. The writ petition was filed praying therein to quash the order dated 23.11.2022 passed by the Additional Director General of Police, Jharkhand Armed Police, Ranchi (respondent no.4), whereby, the writ petitioners have been transferred to vacant posts of other battalions. The prayer was also made for quashing the order dated 26.11.2022 passed by the Commandant, Jharkhand Armed Police-4, Bokaro (respondent no.4), whereby, the petitioners have been directed to be relieved from their present places of posting and thereupon to report in the office of respondent no.5.
3. The writ petition was filed stating therein that all the petitioners were appointed on the post of 'Constable' in the year 2006, in pursuant to Advertisement No. 01/04 in Jharkhand Armed Police-4, Bokaro, and were allotted their respective Brass Nos. The petitioners are at present working at different places within the state of Jharkhand, as per orders of the department being issued from time to time, however JAP-4 is their paternal battalion, whereby their services have been duly adjusted on vacant posts. After joining the services, the petitioners are attached with JAP-4, Bokaro till date and working to the utmost satisfaction of the respondent authorities. A separate elite force namely Jharkhand Jaguar was formed on 19.02.2008 by the State of Jharkhand to counter the extremist's activities within the State. Subsequently, applications were invited for joining on deputation in the Jharkhand Jaguar from amongst the Constables and Havaldars working and posted in different district police force and battalions, including JAP. 50% Incentive apart from basic pay was provided to the personnel of Jharkhand Jaguar. The writ petitioners did not join Jharkhand Jaguar and remained in JAP-4 being their paternal battalion, and they are presently attached with JAP-4 only. The aforesaid 50% extra Incentive on basic pay was provided to the personnel of Jharkhand Jaguar till April, 2019, however, the incentive granted to the employees of Jharkhand Jaguar was withheld by the respondents after April 2019 and, therefore, the person who joined the Jharkhand Jaguar have left the same due to tough duty and also because of not getting any extra incentive. When the applications were called for joining in the Jharkhand Jaguar, many Constables and Havaldars belonging to the paternal battalion of the petitioners i.e. JAP-4, left the same and joined the Jharkhand Jaguar for getting more salary and, therefore, the post remain vacant. Thereafter, the respondents have come forward with fresh direct recruitment from time to time to fill up those vacant posts and, thereafter, many candidates have been selected. It was further stated in the writ petition that due to distress of hard duty being rendered in Jharkhand Jaguar coupled with the pain of not getting extra Incentive, the police personnel who earlier joined the Jharkhand Jaguar, are returning from the Jharkhand Jaguar and they are being posted in different battalions and district police forces, by the respondents. The fact remains that since already the respondents have filled their vacant posts (i.e. the posts held by Jharkhand Jaguar personnel before joining Jharkhand Jaguar) through direct recruitment and have already filled the entire vacancies, therefore the problem has arisen to adjust them in various battalions including JAP-4 (the paternal battalion of the petitioners herein). On earlier occasion also, the personnel who were returned to their base battalion, they were adjusted in other battalions wherever the seats were vacant. Thereafter, the Additional Director General of Police, Jharkhand Armed Police (JAP) has arbitrarily issued the transfer order of the petitioners to the vaca
The transfer of an employee is an essential condition of service, and the matters of transfers are best left to the discretion of the competent authority, in the absence of a demonstrable violation o....
Act of 2007 is a citizen centric Act, whereas Rules of 1989, promulgated in exercise of powers under Article 309 of Constitution of India, are substantive provisions dealing with service conditions o....
Point of law: Public orders, publicly made, in exercise of a statutory authority cannot be construed in the light of explanations subsequently given by the officer making the order of what he meant, ....
Transfer orders in public service are valid unless proven mala fide or in violation of statutory provisions.
Administrative decisions affecting service positions must adhere strictly to the principles of natural justice, comply with existing judicial orders, and be founded on lawful premises.
Transfer policies are directory, not mandatory, and courts will not interfere unless there is clear malafide or statutory violation.
The main legal point established in the judgment is the consequences of concealing material facts and the voluntariness of the petitioners' applications to work in RPF as Constables in Kashmir Valley....
Administrative transfers are within the authority's discretion, and employees have no vested right to remain posted at a specific location. The court emphasized that administrative transfers are esse....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
