IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASP WRIT PETITION (S) No. ^^ 8 OF 2008 PETITIONER ^^- ^••^.^SSi"^ .^»^'y'i'^^.^1-'"' ^&^ .:;.^'' RESPONDENTS Arvind Kishore Xalxo Aged about 32 years, S/o Shri Vasil Xalxo, Occupation: Service, Working as Inspector of Police, Presently posted as Station House Officer, Police Station Chando, Police District - Balrampur, District Surguja, Chhattisgarh V E R S U S 1. State of Chhattisgarh Through Secretary, Government of Chhattisgarh, Department -of Home (Police), Mantralaya, DKS Bhawan, Raipur, Chhattisgarh 2. Director General of Police, Headquarters, Raipur, Chhattisgarh Police 3. Inspector General of Police, Surguja Range, Ambikapur, District Surguja, Chhattisgarh 4. Superintendent of Police, Police District Balrampur, District Surguja, Chhattisgarh WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTIQN QF INDIA FOR ISSUANCE OF A WRn-J?RWRltS IN THE NATURE OF MANDAMUS. CERTIORARI, PROHIBITION, DIRECTION QR DIRECTIONS. ORDERS ORORDERS QR THE LIKE \'f' "^ HIGH COURT OF CHHATTISGH AT BILASPUR (Hon. Mr. Justice Pritinker Dhvaker) Writ Petition (S) No. 3198 of2008 PETITIONER : Arvind Kishore Xalxo Versus RESPONDENTS The State of C.G. and others. Post for pronouncement of the order on 2.0.8.2009. Sd/- Pritinker Diwaker Judge HIGH COURT OF CHHATTISGH AT BILASPUR (Hon. Mr. Justice Pritinker Diwaker) Writ Petition (S) No.3198 of 2008 PET8TSONER RESPONDENTS VERSUS Arvind Kishore Xalxo The State of C.G. & others. Shri Ranbir Singh Marhas, counsel for the petitioner. Shri Y.S. Thakur, Dy. A.G. forthe respondents/State. WRIT PETITION UNDER ARTICLE 228/227 OF THE CONSTITUTION OF INDIA ORDER (^0.08.2009) With the consent of the counsel for the parties the petition is heard finally. 2. Challenge in this petitjon is to the order dated 17.6.2008 (Annexure P-1) passed by respondent No.2 by which the petitioner who is working as Station House Officer, Police Station Chando, District Batrampur has been transferred to District Dantewada. 3. Counsel for the petitioner submits that in the present place of posting the petitioner had joined on 14.5.2007 after being promoted as Inspector. He further submits that the petitioner can not be transferred before completion of two years in the present place of postjng. He submits that the petitioner has been transferred from one Naxalijte affected area to the other though eariier he has already worked in the Naxallite area for more than 7 years and therefore the impugned transfer order is contrary to the policy of the Government dated 1.4.2006 (Annexure P-4). 4. Counsel for the petitioner submits that the petitioner beiongs to the scheduled tribe community and in view of the circular dated 12.6.2008 issued by the State Government the petitioner cannot be subjected to frequent transfer on administrative exigency as has 'pp1 :^^ ;23T^i -z- been done in the case of the petitioner. He further submits that as the petitioner is a member of scheduled tribe community, he is being harassed by the authorities subjecting him to frequent transfers that too in the naxallite affected areas. 5. Per contra counsel for the respondents/State submits that the petitioner has been transferred on administrative exigency and he has no right to remain in a particular place of his own choice. He further submits that even as per the policy of the State Government the minimum period prescribed for the Inspectors to serve in the naxallite affected area is five yearsbut it does not prescribe the maxjmum period with regard to their posting in such areas. Thus it does not lie in the mouth of the petitioner to say that as he has already served in the naxallite affected area for more than 5 years, he can not be posted in such area again. He further submits that the petitioner can not take the advantage of the pollcy of the Government dated 1.4.2006 (Annexure P-4) because they are merely the guidelines having no statutory force. Relevant portjon ot' the said policy reads as under: 4. Pl^* ^W ^ ^"er ^' :- (D (iii) ^G 'w^ ^ 3i(^i<t>iR^T ^t f^Tm ^' ^cf <|c|l<bld ^T ^CTT ^ ^T 05 ^ ^WETcT y'^lf^d (hiT ^" yf ^RT ^MTT I 4^"lRl ^ 9SPT ^T^TiRT 03 ^ <ri<Hi<'n ^raT ^" ^t ^7^Tft I dc^^ld 3PT f^TclT ^f XT^STFRT TR f^R f^T uTr^^TT 1 6. As regards the harassment meted out to the petitioner at the hands of the authorities on account of his belonging to scheduled tribe community, it has been argued by the state counsel that in the administrative exigency any employee can be transferred to any place jrrespective of the community he belongs to. This apart, no materiai has been placed by the petitioner to demonstrate that it is only the officers belonging to the scheduled tribe community is being s^^^^^ .^^^::.^ ^:. 'i.'^.^- 1 -<2>- shifted to the naxallite affected areas and not the others. He further submits that in the State of Chhattisgarh out of 16 revenue districts 12 have been declared as naxallite affected areas and therefore the police officers are bound to be transferred to such areas irrespective of caste and creed as is alleged by the petitioner in this case. 7. Heard counsel for the parties and perused the material available on record. 8. It is settled law that transfer is an incidence of service and a government servant holding a transferable post has no vested right to remain posted at the place of his own choice. Even if a transfer order is passed in violation of executive instructions or orders, the courts ordinarily should not interfere with the order; instead affected party should approach the higher authorities in the department apprising them of their grievances. Which government servant is to be posted where is the exclusive consideration of the employer. The submission of the petitioner that an incumbent can be posted in the naxallite affected area only once, has no force at all because the Guidelines of the State Government stipulates the minimum period of posting in a naxallite area as five years. Even thereafter such posting can be done if administrative exigency so requires. It would not be out of place to mention that no maximum period with respect to their posting in such areas has been stipulated in the said guidelines. If administrative exigency so warrants any government servant can be posted anywhere and such decision taken by the Government is always in consonance with the judicial pronouncements of the Supreme Court. Further the petitioner has not been able to demonstrate the fact that as he belongs to the scheduled tribe community, he is being subjected to frequent transfer that too in naxallite affected areas and therefore the order impugned cannot be interfered with only on the basis of vague allegations of mala fides. 9. Thus, in view of the aforesaid discussion, this Court is of the considered view that the impugned transfer order does not suffer ' %e& 1 \-. ^^ •^" -z,. from any illegaiity or infirmity warranting interference with the same. The petition is absolutely without substance and therefore the same is liable to be dismissed. It is dismissed as such. 10. Before parting with the case, this Court hopefully expects the high ranking police officers of the State of Chhattisgarh to inculcate a sense of enthusiasm amongst the police personnel so as to combat the notorious anti social elements active in the State and redeem the innocent State dwetlers from the deplorable condition being faced by them, by deploying the police machinery at the piaces irrespective of the Naxallite ridden ones if administrative exigency indeed so demands. Sd/- Pritinker Diwaker Judge