- (1.) Heard Sri Vijay Gautam and Sri V.K. Singh, learned Counsel for the petitioners and Sri S.G. Hasnain, Additional Advocate General, assisted by Sri B.N. Mishra as well as Sri Ravi Ranjan, Standing Counsel, for the respondents.
(2.) The present writ petition has been filed for a writ of certiorari quashing the order impugned dated 26.04.2010, passed by respondent No. 5, by which petitioners have been transferred from Gorakhpur, Kushi Nagar and other districts. A further prayer has been made regarding quashing the Government Order dated 19.02.2010 as well as Clause-5 of the transfer policy dated 21.04.2010. Learned Counsel for the petitioners submit that order of transfer has been passed in an arbitrary manner without adhering the policies made from time to time that too without application of mind by a common order transferring various police personnel from one place to another. Petitioners further submit that respondents' case is that petitioners are being transferred in view of Government Order dated 11.07.1986. To this effect, petitioners submit that Government Order dated 11.07.1986 has been amended from time to time on 20.09.1987 and again it was modified on 25.03.1995. From 1995 till 2009 various orders of transfer were being passed on the basis of modified Government Order dated 25.03.1995, though in the year 2009, a dispute was raised that the Government Order dated 25.03.1995 has not been issued by the competent authority and, therefore, that cannot be taken into consideration. Further, it has been directed to make inquiry according to that. Further submission has been made that the Government Order dated 19.02.2010, a copy of which has been annexed to the writ petition, is discriminatory in view of the fact that it discriminates the employees of the Police Department stating therein that the police personnel who are under the security of VIPs like Ministers and other persons, policy of transfer will not be applicable to them and they cannot be transferred in view of the government policy either of 1986 or subsequent policies issued by the Government.
(3.) Further submissions has been made that a dispute was raised regarding the arbitrariness of the State regarding transfer of police personnel and the matter was raised before the apex court and ultimately in the case of Prakash Singh and Ors. v. Union of India and Ors., 2006 8 SCC 1 the apex court has framed various guidelines and only to check the illegality, arbitrariness and discrimination has decided the issue on 22nd September 2006 directing the State Government to constitute a Board, namely, Police Establishment Board, which will be the authority to decide all the transfers, posting, promotions and other service related matters of Officers of and below the rank of Deputy Superintendent of Police. The relevant direction of the apex court is being quoted below: (5) There shall be a Police Establishment Board in each State which shall decide all transfers, postings, promotions and other service related matters of officers of and below the rank of Deputy Superintendent of Police. The Establishment Board shall be a departmental body comprising the Director General of Police and four other senior officers of the Department. The State Government may interfere with the decision of the Board in exceptional cases only after recording its reasons for doing so. The Board shall also be authorized to make appropriate recommendations to the State Government regarding the postings and transfers of officers of and above the rank of Superintendent of Police, and the Government is expected to give due weight to these recommendations and shall normally accept it. It shall also function as a forum of appeal for disposing of representation from officers of the rank of Superintendent of Police and above regarding their promotions / transfers / disciplinary proceedings of their being subjected to illegal or irregular orders and generally reviewing the functioning of the police in the State.;