The transfer of a constable violating established rules is unlawful and can adversely affect promotion and disciplinary authority.

Order (Oral)

1. Petitioner, serving as a constable in Rajasthan Police, is before this Court assailing an order dated 06.11.2024 (Annex.-2) passed by the respondent No.3 vide which he has been transferred from Police Line Sanchore to Police Line Jalore.

2. Briefly speaking, relevant facts as pleaded in the petition are as follows:-

2.1 The petitioner while serving as a Constable at Police Station Chitalwana, District Sanchore was served with a notice dated 03.07.2024 under Section 13 of the Rajasthan Service Rules (Classification, Control & Appeal) Rules, 1958 (hereinafter referred to as "the Rules, 1958"), and was suspended from service.

2.2 Thereafter, respondent No. 3 issued an order dated 06.11.2024, transferring the petitioner from Police Line Sanchore to Police Line Jalore i.e. from one police range to another. Being aggrieved by the transfer order dated 06.11.2024, petitioner has preferred the instant writ petition.

3. In the aforesaid backdrop, I have heard the learned counsel for the petitioner as well as Mr. Raj Singh Bhati learned counsel, appearing on advance service, for the respondents.

4. First and foremost, reference may be had to judgment rendered in Subhash Chandra Vs. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.10353/2021 by a Coordinate Bench of this Court. Relevant of which, is reproduced hereinbelow:-

“(33) This Court has consistently held that inter-district transfers of Constables and Head-Constables and inter-range transfers of ASI’s are contrary to Rule 26 of the Rules of 1989. It will not be out of place to reproduce adjudication made by this Court in the case of Smt. Premlata (supra), which reads thus:-

“A perusal of the said Rules shows that the persons mentioned in column 5 of Sections I, II and IV of the Schedule-I holding substantive rank shall be eligible in the case of Constables on District/Unit, Battalion basis, which means that the concerned Constable shall be promoted as and when his/her turn comes in the district to which he/she has been transferred.

Mr. Jai Singh, Dy. Superintendent of Police, Traffic, Bikaner is present in the Court and confirms the said fact. Thus, this Court fails to understand as to how the petitioner does not stand to suffer, in case she is transferred from Bikaner to Jhunjhunu because, even though, the seniority is maintained from the date of the appointment, she will be promoted only in case the person senior to her in Jhunjhunu has been promoted though his initial appointment is after the date of the initial appointment of the present petitioner. Thus, the transfer order which places the petitioner in disadvantage vis-a-vis for the purpose of promotion cannot be sustained.”

(34) Coordinate Benches of this Court have followed the aforesaid view in the cases of Yadram (supra) and Harendra (supra).

(35) As the appointing authority of Constable/Head-Constable is the Superintendent of Police of the district concerned, consequent to their transfer under consideration, the Constables and Head-Constables will be required to receive instructions/directions from the Superintendent of Police of the district in which they have been transferred and as a natural corollary of their transfer, their appointing authority, so also the disciplinary authority will be changed.

xxxxxxxxxxxxxxxx (38) This Court fails to comprehend that if any disciplinary action is to be taken against a transferred Constable/Head-Constable, then, who will be the competent authority to initiate the enquiry? Subhash Chandra (petitioner in S.B. Civil Writ Petition No.10353/2021 ), being a Constable (General Duty), has been transferred from Jaisalmer to G.R.P., Ajmer; his disciplinary authority prior to the impugned transfer was Superintendent of Police, Jaisalmer. May be, as per the stand of the respondents, his seniority will remain as per his seniority in Jaisalmer, but what would happen if the persons junior to him posted in Jaisalmer are promoted, whereas no promotional avenues are available in