RAJENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Being involving a common question of facts and law, these petitions for writ are heard together and disposed of by this common order.

(2.) Petitioner Bhagirath Singh, a Head Constable, is transferred from District Hanumangarh to District Banswara; petitioner Vijendra Singh, a Constable, is transferred from District Hanumangarh to District Pratapgarh; petitioner Krishna Kumar, a Constable, is transferred from District Hanumangarh to District Barmer; and petitioner Rajendra Kumar, a Constable, is transferred from District Hanumangarh to District Sirohi. While transferring all the petitioners under the order dt. 02.04.2008 the Inspector General of Police Headquarters also instructed the Superintendent of Police of respective Districts not to allow field postings to the petitioners for a period of three years. A challenge to the order aforesaid is given on the count that the transfer is not in administrative exigency but as a measure of penalty.

(3.) The respondents in reply to the writ petitions stated that all the four petitioners were found involved in an incident of demanding bribe and, therefore, an inquiry was conducted against them as per provisions of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (hereinafter referred to as "the Rules of 1958"). By an order dt. 23.09.2008 the petitioners have already been penalised for the allegations of misconduct and they were transferred outside the District Hanumangarh only to remove them from a particular place.