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2018 Supreme(P&H) 4779

JASWANT SINGH
Neela Ram, Head Constable – Appellant
Versus
State Of Punjab And Others – Respondent


Advocates Appeared:
M.R. Sharma, Advocate, for the Appellant; Mrs. Anu Chatrath Kapoor, Additional Advocate General, Punjab, for the Appearing Party

JUDGMENT

Jaswant Singh, J. - Petitioner-Neela Ram who is working as Head Constable in Punjab Police Force, has sought writ in the nature of Certiorari for quashing the order dated 25.04.2017 (P-2) passed by Additional Deputy Commissioner, Jalandhar, whereby he has been ordered to be transferred from Women Police Station, Jalandhar to Police Station Women in Mansa.

2. Learned Counsel for the petitioner has argued that vide the impugned order, petitioner has been ordered to be transferred out of his District, which is not permissible under the Rule 12.1(4) read with 12.26 of the Punjab Police Rules, 1934 without taking prior approval of the Deputy Inspector General of Police of both the Districts. As per him, by doing so, a punishment has been imposed upon petitioner, as seniority of Constables is maintained District Wise and by way of the said transfer, petitioner is bound to loose his seniority. Since, in the present case, the order of transfer from one District to another has been passed, without taking the prior permission, hence his order of transfer is bad in the eyes of law and, therefore, liable to be quashed.

3. On the other hand, learned Counsel for the State has argued that

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