Ranjit Singh Sarkaria, J. - (1.) THE petitioners are seeking quashing of the transfer policy dated 2.4.2010/8.4.2010 framed by the respondents on the ground that the same is illegal, unjust, arbitrary and runs counter to the Punjab Police Rules, besides being violative of Articles 14 and 16 of the Constitution of India. As a consequence of this challenge, the petitioners would plead quashing of their transfer order, transferring them out of their home district pursuant to the said policy.
(2.) AT the outset, the counsel for the petitioners was asked to make submission if the petitioners would have any right to maintain challenge to the order of transfer, which has been raised in this case obliquely under the garb of challenging the transfer policy formulated by pleading that the same is contrary to the Rules. The only response that the counsel for the petitioner could make was on the basis of Rule 14.47 of the Punjab Police Rules (for short, "the Rules"). The plea appears to be that the transfer policy, Annexure P -1 would violate Rule 14.47 of the Rules as no official is to be posted to his home district, which is contrary to the said Rule. Rule 14.47 of the Rules provides that Inspectors and Sub Inspectors not to serve in their home district. The Rule reads: Except for special reasons and with the approval of the Inspector General in each case, no Sub Inspector shall be posted to a permanent appointment in the district in which his home is situated. The same Rule will govern the postings of Inspectors. The Rule will not, however, apply to the appointments to the clerical posts or posts of Lines Officers or Reserve Inspectors, nor will it affect the posting of European Inspector or Sergeants.
(3.) APPARENTLY , the transfer policy is not violating the Rule 14.47 of the Rules. Said Rule only provides that Inspectors and Sub Inspectors not to serve in their home district. The Rule does not say that others have to serve in their home district and can not be transferred to any place other than their home district. There may not be any prohibition for transferring officials other than Inspectors and Sub Inspectors in their home districts but the Rule certainly can not be read in a manner that they have to remain in their home district and can not be transferred out of their home district. Accordingly, the transfer policy in no manner is in violation of Rule 14.47 of the Rules, when it provides that no official shall be posted to his home district. In a way, this policy appears to have been made for the purpose of good administration. Police official posted in home district can cause interference in the functioning of police if he is made to serve in his home district and this policy so framed appears to be for the purpose of achieving good police service for public at large. The idea behind formulating this policy appears to be good and laudable.;