TARUAN AGARWALA,J. - (1.) THREE Sub -Inspectors posted in District Badaun have been transferred to various places by separate orders. They have filed separate writ petitions challenging the transfer order on identical grounds. Consequently, all the three writ petitions are being decided together. For facility, the writ petition of Sarvendra Singh is being taken as the leading case and the affidavits in this petition is being referred to in the Judgment.
(2.) THE petitioner, Sarvendra Singh, was working as Sub -Inspector in District Badaun and has been transferred by an order dated 11 - 4 -2005 issued by the Inspector General of Police (Establishment), U.P., Lucknow to A.S.I.O. Rihand in district Sonebhadra. By another order of the same date, the petitioner was relieved. The petitioner, Raj Kumar Singh Rathore, was working as a Sub - Inspector and has been transferred by an order dated 12 -4 -2005 issued by the Inspector General of Police (Establishment), U.P. from Police Station Wazirgarh, district Badaun to Inter State Border Force. By another order of the same date, the petitioner was relieved by the Senior Superintendent of Police, Badaun. The petitioner Cheda Lal Sharma was working as a Sub -Inspector and was transferred from Kootwali Ujhani to Economic Crime Branch, Lucknow by an order dated 12 -4 -2005 issued by the Inspector General of Police, U.P., and by another order of the same date, he has been relieved by the Senior Superintendent of Police. All the three petitioners contend that they had recently been posted in 2004 and, that within a year, they have again been transferred at the behest of a Minister and an M.L.A. of the ruling party and, therefore, the transfer order which had been passed on political pressure, was purely mala -fide and liable to be quashed. The petitioner further contended that the transfer order was also in violation of the transfer policy. The petitioners were entitled to remain in a particular district for a period of five years, whereas, the petitioner's were being transferred within a year. The petitioners further alleged that the transfer was neither in public interest nor was issued on administrative grounds and, was issued on the political grounds.
(3.) THE petitioners alleged that one Sri Banwari Singh Yadav, State Minister for Protocol Civil Aviation and State Property and Sri Onkar Singh Yadav, M.L.A., Samajwadi Party had written a letter 4 -4 -2005 to the Chief Minister, stating therein, that the petitioner Sarvendra Singh is a Khattri by caste and was not looking after the interest of the workers of the Samajwadi Party and that the interest of the Samajwadi Party was at stake and, therefore, he should be transferred to some other place so that interest of the Samajwadi Party was not disturbed. Similar letters were written by the Minister and the M.L.A. complaining about the other two petitioners. The petitioners submitted that based on these letters, the Inspector General of Police, Lucknow had issued the transfer orders which was sent to the Senior Superintendent of Police by Fax and the petitioners were relieved on the same by the Senior Superintendent of Police, Badaun.;