- (1.) Heard Sri Vijay Gautam, learned counsel for the petitioner and learned Standing Counsel for the respondents.
(2.) The writ petition is directed against the order of transfer dated 5.12.2013 transferring petitioner from Station Officer, Dildar Nagar, District Ghazipur to Crime Branch, Investigation Cell and thereafter again vide order dated 9.12.2013, he is transferred from Crime Branch to Police Station Saidpur as Senior Sub Inspector, which order has again been modified vide order dated 11.12.2013 and instead of Police Station Saidpur, petitioner's place of transfer from Crime Branch is made to Police Station Kotwali as Senior Sub Inspector.
(3.) Sri Vijay Gautam, learned counsel for the petitioner contended that as Station Officer, Incharge, petitioner is entitled for payment of special pay while as Senior Sub Inspector, the same would not be payable and therefore, amount to transfer of petitioner by way of punishment to place where he would be deprived of special pay, which would result in less emolument payable to the petitioner. He secondly contended that he was transferred and posted as Station Officer Incharge Police Station Dildar Nagar only on 22.8.2013 and in view of Apex Court's observation made in Prakash Singh Vs. Union of India, 2006 8 SCC 1, he could not have been shifted for a period of two years from the office of Incharge Police Station and the impugned order, in the teeth of aforesaid direction, is illegal. He also drew my attention to Government Order dated 26.12.2010 (Annexure 5 to the writ petition) whereby State Government has also provided that an officer posted as Incharge Police Station shall not be disturbed for a period of two years. In the light thereof, learned counsel for the petitioner contended that impugned transfer is in utter violation of aforesaid Government Order.;