Transfers of police personnel can be upheld by the court when justified by disciplinary actions and do not violate statutory provisions.

Jyotsna Rewal Dua, Judge g Petitioner is serving as Constable in the respondent-Police Department. He feels aggrieved against the order dated 05.02.2025, whereby he has been transferred from Police District Nurpur to Police District Kinnaur.

2. Learned counsel for the petitioner submits that petitioner’s wife is also serving as Constable in the respondent-Police Department. Petitioner as well as his wife were transferred from 2nd IRBn to PD Nurpur on 21.02.2024 Whether reporters of Local Papers may be allowed to see the judgment? Yes by giving them concession of being a couple case. Petitioner had completed just about 11 months at PD Nurpur when under the impugned order dated 05.02.2025, he was transferred to PD Kinnaur. Petitioner should. have been allowed to complete his normal tenure at PD Nurpur. It was also submitted that respondents have issued the impugned order as a punishment to the petitioner, since he could not produce an accused in t he Court of learned Judicial Magistrate First Class (JMFC), SAS Nagar, Mohali from District Jail Dharamshala on 20.07.2025 due to his (petitioner’so) ill health and peculiar family circumstances; Respondents have also deducted petitioner’s three days salary for the said negligent act. Petitioner is now being made to hsuffer once again by ordering his transfer from PD Nurpur to gPD Kinnaur. Petitioner’s wife is still serving at PD Nurpur. The couple has a four year old child, therefore, the petitioner should have been allowed to complete his normal tenure at PD Nurpur.

3. Learned Assistant Advocate General has defended petitioner’s transfer from PD Nurpur to PD Kinnaur. On the strength of reply filed by the respondents, it was highlighted that petitioner had been derelict in discharge of his duties. Petitioner’s conduct reeks of habitual reckless negligence which cannot be accepted from a member of the disciplined force. There have been not one but several instances of such dereliction of duties on part of the petitioner. Inquiry had also been conducted into some of them and petition.er has been imposed punishment of permanent forfeiture of three annual increments under the order passed by the disciplinary authority on 23.04.2025.

4. Heard the learned counsel for the parties and considered the case filer.

4(i) From the joint pleadings of the parties, it comes out that:

(a) C Petitioner joined the Police Department on 24.09.2016. His wife joined the Police Department on 01.10.2013. Both of them were transferred to PD Nurpur on g21.02.2024.

i(b) On 20.07.2024, petitioner was directed to bring an accused from District Jail Dharamshala to the Court of learned Judicial Magistrate First Class, SAS Nagar, Mohali. Petitioner without any valid reason telephonically refused to perform the duty so assigned to him and spoke rudely to the Line Munshi. This was recorded in Rapat No.10 of Daily Diary on 20.07.2024. A show cause notice was issued to the petitioner in this regard on 24.07.2024. Petitioner’s response to the show cause notice was found unsatisfactory. In accordance with Section 87 (2) (II)(C) of the Himachal Pradesh Police Act, 2007 , petitioner’s 03 days pay was withheld vide order dated 03.08.2024. .

(c) On 25.07.2024, petitioner was called for duty by the Line Munshi. Petitioner did not report till the roll call and he was accordingly marked absent. This was recorded in Rapat No.17 of the Daily D iary on 25.07.2024. On being contacted petitioner’s wife did not provide any information about the petitioner’s whereabouts. Two Police officials were deployed to olook for the petitioner in his home town and the surrounding areas. Petitioner returned to PD Nurpur on 27.07.2024. This was recorded in DD No.20 dated h27.07.2024. The Sub-Divisional Police Officer, Nurpur was gdirected to conduct a preliminary inquiry into the absentee case on 13.08.2024.

(d) In view of the report of preliminary inquiry, a re