V.K.SHUKLA, J. - (1.) PETITIONER has approached this Court questioning the validity of the order dated 30.10.2006 passed by the Inspector General of Police (Establishment), U.P., Lucknow, respondent No. 3 transferring the petitioner in public interest from Mau to Economic Offences Wing Establishment and subsequent relieving order dated 6.11.2006 issued by Superintendent of Police, Mau.
(2.) BRIEF background of the case as mentioned in the writ petition is that petitioner was appointed as Sub-Inspector in the year 1980-81 and in the year 1996-97 petitioner was promoted on the post of Inspector. Petitioner has contended that immediately after his promotion he was posted at U.P. Vigilance Establishment, Lucknow on 2.7.1997. Petitioner has contended that after five years of service he was posted in District Force and was posted as Inspector in District Jaunpur, Zone Varanasi from 2.7.2002. Petitioner has contended that he was transferred from District Jaunpur to District Mau on 24.8.2003 and on 26.8.2006 he was posted as Station House Officer, Kotwali, District Mau. Petitioner has contended that thereafter he was transferred to Police Station Ghosi and again he was transferred from Police Station Ghosi to Police Station Kotwali, Mau on 7.7.2005. Petitioner has contended that riot broke out in the morning of 14.10.2005 and petitioner was placed under suspension on 15.10.2005 for not taking effective steps in riot effected area. Thereafter his suspension order has been revoked 27.12.2005 and petitioner was posted as Public Relation Officer to Superintendent of Police, Mau and thereafter on 18.4.2006 petitioner was posted as Station House Officer, Police Station Ghosi, District Mau. Petitioner has contended that in the matter of suspension dated 15.10.2005 inquiry is going on. Petitioner has given reference of notification of State Election Commission dated 25.9.2006. It has further been contended that pressure was being exerted on him by Samajwadi candidate to take action against B.J.P. candidate and as petitioner did not oblige as such petitioner has been sought to be transferred. Petitioner has contended that this transfer order is wholly unjustifiable and special allowance as payable to him has been curtailed. It has also been contended that power of transfer has been used on extraneous consideration. At this juncture present writ petition has been filed. Sri B.N. Singh, learned Counsel for the petitioner contended with vehemence that in the present case power of transfer has been misused with impunity as Regulation 524 has been breached and this being a case of loss of emoluments which falls in the category of punishment same ought to have been preceded with enquiry and further said transfer order is in violation of policy which covers the field of posting in New District Force, Cadre post as such transfer of the petitioner is clearly unsustainable and liable to be quashed.
(3.) LEARNED Standing Counsel on the other hand contended mat in public interest transfer order has been made and here power of transfer has not at all been exercised as measure of punishment as such no interference is warranted by this Court.;