By : Vikas Rathour
The Single Bench of Justice J J Munir of Allahabad High Court while dealing with a plea of one Chanda Rani has held that Court has no jurisdiction to interfere with a transfer order which is essentially an exigency of service.
Back Ground of the Case-
In the present plea, the petitioner has challenged an order of transfer dated 15.03.2021 transferring her from Varanasi to Ghazipur. This order has been passed by the Additional Director General of Police/ Inspector General of Police, Varanasi Zone, Varanasi.
The Petitioner, Chanda Rani was earlier transferred to Varanasi on her request through an order passed by the Inspector General of Police, Varanasi Zone, Varanasi giving effect to a decision of the Zonal Police Establishment Board dated 25.05.2016, bearing in mind that her mother is suffering from cancer, which required treatment at B.H.U., Varanasi.
By the last mentioned order, the petitioner was transferred from Mau to Varanasi, considering the extreme circumstances about her mother's health.
The Petitioner has submitted before the Court that the present transfer order runs in the teeth of the underlying arrangement, which was made by the Zonal Police Establishment Board through their resolution dated 25.05.2016 and given effect to by the Inspector General of Police.
It is also contented by the petitioner that the transfer is in the teeth of the transfer policy of 3rd May, 2017 issued by the Government of U.P.
Observation of the Court:-
The Court has stated that,
“This Court is afraid that the petitioner's difficulty might truly be one that requires consideration, but it is not this Court's jurisdiction to interfere with a transfer order, that is essentially an exigency of service. It is also not our province to enforce the transfer policy of the employer.”
The Court has further stated that,
The petitioner's grievance ought to be considered by the Additional Director General of Police/ Inspector General of Police, Varanasi Zone, Varanasi, who has passed the impugned order, may be oblivious of the petitioner's background and her posting to Varanasi.
Decision of Court:-
The Court has grant permission to the Petitioner to represent her case to the Additional Director General of Police/ Inspector General of Police, Varanasi Zone, Varanasi within two weeks.
The Bench has also directed the Additional Director General of Police/ Inspector General of Police, Varanasi Zone, Varanasi, who has passed the impugned order to dispose the representation made by petitioner within two weeks next of its receipt, bearing in mind the circumstances in which the petitioner was posted to Varanasi from Mau and her mother's medical problems.
Case details:
Case :- WRIT - A No. - 6173 of 2021
Petitioner :- Chanda Rani
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Kailash Prakash Pandey
Counsel for Respondent :- C.S.C.
Bench:- Justice J J Munir
Read order-
SOURCE ; latestlaws.com
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