IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 6425 of 2010 Decided on : 7.12.2010 ___________________________________________________________ Chanchal Kumar … Petitioner. Versus State of Himachal Pradesh and others … Respondents. ___________________________________________________________ Coram: Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No. For the petitioner : Mr. Nimish Gupta, Advocate. For the Respondents : Mr. J.S. Guleria, Asstt. Advocate General. __________________________________________________________ V.K. Sharma, Judge.(Oral) The petitioner, an Assistant Sub Inspector (ASI) working in the Directorate of Police, Communication and Technical Services, is aggrieved by and dissatisfied with his transfer to General Police Executive Force for Traffic Duties vide Office Orders dated 19.8.2010, Annexure P-2 and 8.9.2010 Annexure P-3, has filed the present petition on the following prayer:- “Writ of certiorari be issued for quashing the orders dated 19.8.2010 and subsequent order dated 08.09.2010 (Annexure P-2 and P-3 respectively) whereby the petitioner has been transferred from Communication and Technical Services to General Police Executive Force for Traffic Duties.” 2. In the reply filed on behalf of the respondents the following stand has been taken in paras 3 to 5 :- 1 Whether reporters of the local papers may be allowed to see the judgment? . No. 2 “3. That in reply to this para it is submitted that the H.P. Police Wireless Organisation came into existence in 1954 to provide H.F. wireless communication to the State Police. With the advancement in technology, other mdoes of communication like VHF, Teleprinters, BEST, POLNET and computer/internet communication have come up. The State Crime Record Bureau was dealing with crime data of all district of H.P. and was under the control of the State CID. On account of revolutionary changes in the fields of communication and information technology, a need to reorganize the Wireless Organization and State Crime Record Bureau was felt to equip it to cope with the requirements of modern communication and information technology. Keeping in view the above after detailed deliberations the department moved a proposal for re- organization of the Wireless organization and State Crime Record Bureau to the Government vide letter dated 12th April, 2007. However, a revised proposal was sent vide letter dated 1.6.2007. A copy of said proposal is appended herewith and marked as Annexure R-1. The Government of H.P. vide letter dated 2.8.2007 conveyed the approval for reorganization of Wireless Organization was conveyed. A copy of said letter is appended herewith as Annexure R-2. Accordingly the order for re-organization was passed and the new organization has been christened as Directorate of Communication and Technical Services vide order dated 8.8.2007 and 22.8.2007 copies of which are appended as Annexure R-3 and R-4 respectively. It is humbly submitted that due to reorganization 65 posts of ASIs of the erstwhile Wireless Organization were rendered surplus (32 vacant and 33 surplus) as per the details given in annexure I of Annexure R-1. The personnel of the wireless organization who were rendered surplus have been transferred to General Executive Police Force for traffic duties and accordingly vide order 3 dated 19.8.2010 petitioner along with other surplus ASIs were transferred to Executive Force for traffic duties. It is correct that after due deliberations it was decided that options should invited from the willing Sub Inspectors and ASIs for their merger in the General Executive cadre. It is, however, submitted that during the year 2007 only 12 Sub Inspectors and 23 ASIs of Wireless Organisation submitted their option for their transfer to the Executive Force. Therefore, senior most ASIs having at least five years of remaining service be transferred to the Executive Police and accordingly Annexure A-2 was passed. It is submitted that the senior most personnel of the Directorate of Communication and Technical Services have been transferred to District Police. The petitioner is not out of place to mention here that the petitioner who belongs to Mandi District has been adjusted in the adjacent Hamirpur District. 4. That in reply to this para it is submitted that though the petitioner has not exercised the option for his transfer to the Executive Police yet he has been transferred to the Executive Police on the above stated principle. As a result, the petitioner was transferred to the Executive Police Force for traffic duties vide order dated 19.8.10 from the Directorate of Communication and Technical Service to District Hamipur and was attached to TTR wing Police Station Nadaun. The petitioner ahs not been transferred in isolation but alongwith other 32 personnel. The petitioner is an enrolled Police officer and thus amenable to the H.P. Police Act, 2007. Though the traffic duty is apart of police functioning yet the respondent No.3 has directed the SHO/TTR to impart training abut the function of TTR to the newly merged and transferred staff to enable them to do their duty effectively. 5. That in reply to the contents of this para it submitted that the petitioner has been transferred to the executive 4 police for traffic duties on the above stated principle and ahs not been discriminated. As per record he did not remain on medical leave due to any major disease and has not availed any medical leave. However, as per annual medical report, the petitioner was medically fit during his posting in the wireless organization.” 3. In view of the above reply, the petition is disposed of with the direction that the petitioner may approach the 2nd respondent by making a representation alongwith copies of this judgment and the petition alongwith annexures within one week and the said respondent shall consider and decide the same finally within next two weeks in the light of ‘minutes of the meeting for the implementation of re-structuring of wireless and SCRB held on 23.11.2007 at PHQ’ (Annexure P-1), after affording an opportunity of being heard to the petitioner, if so advised. 4. The writ petition, so also the pending application(s), if any, stand disposed of in the above terms. (V.K. Sharma) Judge. 7th December, 2010. (lsp)