Back
2025 Supreme(Online)(Pat) 869
PATNA HIGH COURT
Harish Kumar, J
Amitabh Bachchan – Appellant
Versus
The State of Bihar through the Chief Secretary – Respondent
Civil Writ Jurisdiction Case No.8783 of 2025
For the Appellants/Petitioners:Mr. S.B.K. Manglam, Advocate, Mr. Awnish Kumar, Advocate
For the Respondents:Mr. P. K. Shahi, Advocate General, Mr. Manish Kumar, GP- 4
Transfers of government employees from one district to another are upheld as a condition of service, with limited scope for judicial review unless malfeasance or statutory violation is proven.
Headnote:(A) Bihar Police Act, 2007 - Section 10(1) - Bihar Police (Amendment) Act, 2022 - Order of transfer challenged - 20,000 constables ordered to be transferred on a random basis - No published policy on transfer violated - Court upholds the authority's right to transfer as part of service conditions, reaffirming settled principles that government employees have no vested rights regarding location of service. (Paras 3, 21)
(B) Transfer of government employees - Judicial review limited to grounds of malafides and violation of statutory provisions - Transfers are to maintain efficiency and necessity in public administration. (Paras 10, 15, 16)
Facts of the case:
A group of constables challenged the transfer order affecting 20,000 personnel under the premise that no valid transfer policy was in place. They contended the transfers violated the amended provisions of the Bihar Police Act and were made without proper guidelines or policies. (Paras 2, 3)
Findings of Court:
The transfer order was found valid under the statutory provisions of the Bihar Police Act and did not warrant judicial interference as no malpractices were demonstrated. (Paras 21)
Issues: Whether the random transfer order is sustainable in the absence of a valid transfer policy, and if it violates any rights of the petitioners. (Paras 3, 10)
Ratio Decidendi: The court reasoned that transfers are inherent in the nature of public service and determined that the reported procedures complied with existing legislative frameworks, stating that employees have no enforceable rights to specific posts. (Paras 15, 21)
Result: Writ petition dismissed; the petitioners to bear their own costs.
| Table of Content |
|---|
| 1. challenging the validity of transfer order (Para 1 , 2 , 5) |
| 2. arguments about transfer laws and policies (Para 3 , 4 , 6 , 8 , 9) |
| 3. judicial review limitations in transfer cases (Para 10 , 12 , 14 , 21) |
| 4. legal principles regarding transfers of government employees (Para 11 , 15 , 16 , 17 , 18 , 20) |
| 5. writ petition dismissed (Para 22) |
JUDGMENT
Date : 11-08-2025
Heard Mr. S. B. K. Mangalam, learned Advocate for the petitioners and Mr. P. K. Shahi, learned Advocate General with Mr. Manish Kumar, learned G.P.-4.
2. A group of constables aggrieved with the order dated 05.05.2025, as contained in Memo No. 110, issued under the signature of respondent no.3 (Additional Director General of Police, Bihar) whereby 19858 constables of District Police Force were ordered to be transferred from one District to another on random basis, have invoked the extraordinary prerogative writ jurisdiction of this Court seeking quashing of the same to the extent order relates to them.
3. The impugned order of transfer is put to challenge mainly on three grounds. Mr. Mangalam, learned Advocate representing the petitioners has primarily submitted that since the transfer police, 2020 issued under the Police Order No. 315/2020 was repealed by the respondent no.2 vide order as contained in Memo No. 35, dated 13.06.2022 and thereafter, no policy regarding transfer of Constables has been framed/published by the competent authority, the massive transfer about 20,000 constables from one district to another is wholly unjustified, unsustainable, as also in complete absence of any Policy/Rule regarding transfer of constables. Secondly, the Bihar Police Act and/or Bihar Police (Amendment) Act, 2022 does not contemplate random transfer of constables, which are not at all permissible under the law, because there are chances of pick and chose or favouritism. Lastly, once the Police Order No. 322 of 2022 was sent to all Inspector General of Police / Deputy Inspector General of Police vide letter no. 43 dated 21.08.2024 issued under the signature of respondent no.3 directing all the Superintendent of Police to convene a police meeting in their respective districts for inviting the suggestions of the police personnel attending the police meeting could not be effected and no final policy has been framed by the police headquarter regarding transfer of police personnel, including the police, the impugned order of transfer, qua the petitioners cannot be sustained in law.
4. The grounds of challenge, which have been noted hereinabove, are said to have been formulated in the factual premise noted hereunder. It is urged before this Court that facing difficulty, on account of frequent transfer resulting into various defects, Police Order No. 315 dated 18.05.2020 in relation to Welfare Scheme/Policy regarding transfer of constables in the State was brought by the Bihar Police Headquarter. However, it could not get the approval of the State Government and consequently the Police Order No. 315 dated 18.05.2020 was withdrawn by the Police Headquarter and Old Policy on transfer of constables remained in force. In the meanwhile, The Bihar Police (Amendment) Act, 2022 came into force and Sub-Section 1 of Section 10 of the Amended Act, 2022, which stipulates that the Police Personnel from the rank of Inspector to Constable shall remain posted in a District for five years, in a range for eight years and in different Units for eight years only. In the light of the amending provision, the Police Headquarter issued Police Order No. 322 of 2022 by introducing something, which was not under the Amending Act.
5. There was a common grievance of the constables, inter alia, for implementation of policy decision contained in Police Order No. 315 dated 18.05.2020, besides extending the period of District and Range posting and the provisions for optional transfer be introduced. Notwithstanding, any decision taken with respect to transfer of the constables and/or any Police order has issu
