PATNA, India, Sept. 9 -- Patna High Court issued the following judgment on Aug. 11:
Heard Mr. S. B. K. Mangalam, learned Advocate for the petitioners and Mr. P. K. Shahi, learned Advocate General with Mr. Manish Kumar, learned G.P.-4.
2. A group of constables aggrieved with the order dated 05.05.2025, as contained in Memo No. 110, issued under the signature of respondent no.3 (Additional Director General of Police, Bihar) whereby 19858 constables of District Police Force were ordered to be transferred from one District to another on random basis, have invoked the extraordinary prerogative writ jurisdiction of this Court seeking quashing of the same to the extent order relates to them.
3. The impugned order of transfer is put to challenge mainly on three grounds. Mr. Mangalam, learned Advocate representing the petitioners has primarily submitted that since the transfer police, 2020 issued under the Police Order No. 315/2020 was repealed by the respondent no.2 vide order as contained in Memo No. 35, dated 13.06.2022 and thereafter, no policy regarding transfer of Constables has been framed/published by the competent authority, the massive transfer about 20,000 constables from one district to another is wholly unjustified, unsustainable, as also in complete absence of any Policy/Rule regarding transfer of constables.
Secondly, the Bihar Police Act and/or Bihar Police (Amendment) Act, 2022 does not contemplate random transfer of constables, which are not at all permissible under the law, because there are chances of pick and chose or favouritism. Lastly, once the Police Order No. 322 of 2022 was sent to all Inspector General of Police / Deputy Inspector General of Police vide letter no. 43 dated 21.08.2024 issued under the signature of respondent no.3 directing all the Superintendent of Police to convene a police meeting in their respective districts for inviting the suggestions of the police personnel attending the police meeting could not be effected and no final policy has been framed by the police headquarter regarding transfer of police personnel, including the police, the impugned order of transfer, qua the petitioners cannot be sustained in law.
4. The grounds of challenge, which have been noted hereinabove, are said to have been formulated in the factual premise noted hereunder. It is urged before this Court that facing difficulty, on account of frequent transfer resulting into various defects, Police Order No. 315 dated 18.05.2020 in relation to Welfare Scheme/Policy regarding transfer of constables in the State was brought by the Bihar Police Headquarter. However, it could not get the approval of the State Government and consequently the Police Order No. 315 dated 18.05.2020 was withdrawn by the Police Headquarter and Old Policy on transfer of constables remained in force. In the meanwhile, The Bihar Police (Amendment) Act, 2022 came into force and Sub-Section 1 of Section 10 of the Amended Act, 2022, which stipulates that the Police Personnel from the rank of Inspector to Constable shall remain posted in a District for five years, in a range for eight years and in different Units for eight years only. In the light of the amending provision, the Police Headquarter issued Police Order No. 322 of 2022 by introducing something, which was not under the Amending Act.
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjODc4MyMyMDI1IzEjTg==-j8kw--am1--Fxapso=
Disclaimer: Curated by HT Syndication.
