IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA ON THE 8^th OF SEPTEMBER, 2023 WRIT PETITION No. 22405 of 2023 BETWEEN:-

SMT. NEETU TRIPATHI W/O SHRI YOGESH KUMAR TRIPATHI, AGED ABOUT 48 YEARS, OCCUPATION: INSPECTOR POLICE (CITY) BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)

.....PETITIONER (BY SHRI K. C. GHILDIYAL – SENIOR ADVOCATE WITH SHRI ADITYA VEER SINGH - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME, VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. THE DIRECTOR GENERAL OF POLICE MADHYA PRADESH, POLICE HEADQUARTERS, BHOPAL (MADHYA PRADESH)

3. THE DEPUTY COMMISSIONER OF POLICE (HEADQUARTERS), CITY POLICE, NEW POLICE CONTROL BHAWAN, MVM COLLEGE CHAURAHA, MVM NAGAR, DISTRICT BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI NAVEEN DUBEY – GOVERNMENT ADVOCATE)

This petition coming on for admission this day, the court passed the following:

ORDER

This petition under Article 226 of Constitution of India has been filed against the order dated 24.08.2023, 24.08.2023 and 25.08.2023 issued by respondents no. 1, 2 and 3 respectively in File Nos.F1/1/10125/2023/B-2/Two, PHQ/1/IPS/1/1347/2023 and PDC/HQ/BHO/Est/1262/2023 by which petitioner has been sent on deputation to CBI in the light of order dated 07.08.2023 passed by Supreme Court in SLP (Civil) Diary No.19206/2023 and petitioner was relieved and march order has been issued.

2. It is the case of the petitioner that in the light of on going disturbance in Manipur, the Supreme Court passed an order on 07.08.2023 holding that process of investigation shall be monitored by the Supreme Court and for that purposes Shri Dattatreya Padsalgikar, a Former Director General of Police, Maharashtra shall supervise the investigation by the CBI into the three FIRs transferred to it and investigation by the Investigating Machinery of the State into the remaining FIRs. For the purposes of ensuring proper investigation of the FIRs, which are transferred to the CBI, the Union Ministry of Home Affairs shall place at the disposal of the CBI 5 officers drawn from Rajashthan, Madhya Pradesh, Jharkhand, Odisa and NCT of Delhi at least of the rank of Dy.S.P. with a further stipulation that at least one of these five officers shall be a woman and for this purpose the Directors General of Police of the above States shall nominate an officer at least of the rank of Dy.S.P. of Police for deputation to the CBI. On deputation, the Officer shall perform their functions under overall structure of the CBI and shall submit periodical information and reports as may be required by Shri Dattatreya Padsalgikar, the officer appointed by the Supreme Court.

3. Accordingly, it is submitted that petitioner has been nominated by the State Government of M.P. for her deputation in CBI by making her a part of S.I.T. and accordingly, petitioner has been relieved and a march order has been issued.

4. It is submitted that in fact the petitioner was transferred from Women Safety, Jabalpur to District Bhopal by order dated 19.07.2023 and within one month she has been sent on deputation. Deputation has its own specific rules and a person cannot be sent on deputation without his or her consent. No consent has been taken and therefore, the impugned order dated 24.08.2023 by which petitioner has been sent on deputation to CBI is bad in law. The counsel for petitioner has also relied upon the judgment passed by the Supreme Court in the case of State of Punjab v. Inder Singh, reported in (1997) 8 SCC 372

5. It is submitted that CBI had issued a vacancy circular for filling up the post of Deputy Superintendent of Police on deputation (including short term contract) or absorption basis in Central Bureau of Investigation and accordingly the petitioner had also applied for the same. It is submitted that the husband of petitioner is a Central Government employee and is posted in Jabalpur and mother of petitioner is also suffering from various diseases, therefore it i