C 3: $4 f 'c'w//,.m IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETmON (S) No.l 3 0f 2009 ”15:“ D. Min}, S/o Late Shri Joseph Minj, aged about 53 years, occupation — Inspector of Police, Police Lines, Raipur, Chhattisgarh PETITIONER wi/tVERsus 'i/’2‘. RESPONDENTS 1. State of Chhattisgarh, through Secretary, Government of Chhattisgarh Department Of Home, D. K. S. Bhavan, Mantralaya w x“ Raipur, Chhattisgarh . V/y Director General of Police, Police Headquarters, Raipur, Chhattisgarh Qa K ¢F2 . 3. Chairman, Police Establishment Board, Raipur, Chhattisgarh , \x/ 4 L/ 5 \ 6, 7 Chief Election Officer, Chhattisgarh, Raiur, Chhattisgarh Inspector General of Police (Admn.) Police Headquarters, Raipur, Chhattisgarh Inspector General of Police, Raipur Chhattisgarh Superintendent of Police, Raipur, Chhattisgarh WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION INDIA FOR ISSUANCE OF A WRITIN THE NATURE OF CERTIOR MANDAMU‘S, ORDER OR ORDERS, DIRECTION OR DIRECTIONS We s§>y\ THE LIKE. M c,“i kk p OF ARI OR S t: 0 @ HIGH COURT OF CHHATTISGH AT BILASPUR (Hon. Mr. Justice Pritinker Diwaker) Writ Petition (S) No. 1370 of 2009 PETITIONER : P.D.Minj. Versus RESPONDENTs The State of C.G. and others. Post for pronouncement of the order on 20.8.2009. Sdl- ritinker DiwakeH Judge /\$\a w $1, V, g< P t HIGH COURT OF CHHATTISGH AT BILASPUR (Hon. Mr. Justice Pritinker Diwaker) Writ Petition (S) No. 1370 of 2009 PETITIONER P.D. Minj VERSUS RESPONDENTS The State of C.G. & others. Shri Ranbir Singh Marhas, counsel for the petitioner. Shri Y.S. Thakur, Dy. A.G. for the respondents /State. WRIT PETITION UNDER ARTICLE 2261227 OF THE CONSTITUTION OF INDIA ORDER ( 20.08.2009) With the consent of the counsel for the parties the petition is heard finaily. 2. Challenge in this petition is made to the order dated 28.2.2009 (Annexure P-1) passed by respondent No.2 by which the petitioner who is working as Inspector at Police Lines, Raipur, CG has been transferred to Narayanpur, in the same capacity. 3. Counsel for weupetitioner submits that vide order dated 30.6.2008 the petitioner Ahadncome from Balrampur to Raipur and within a period of six months he has again been shifted to Narayanpur which is also a naxallite affected area. He further submits that earlier the petitioner has already spent more than 11 years in the naxallite affected area and therefore he could not have been transferred again to such area. He submits that the wife of the petitioner is also a government employee and is working as teacher in Government Middle School, Amlidih, which is nearer to the place l of posting of the petitioner and as per the policy of the Government husband and wife should be posted at one place. l M7 4. Counsei for the petitioner submits that the petitioner beiongs to the scheduled tribe community and in View of the circular dated 12.6.2008 issuedby the State Government the petitioner cannot be subjected to frequent transfer on administrative exigency as has 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 years but it does not prescribe the maximum 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 policy of the Government dated 1.4.2006 (Annexure P-S) because they are merely the guidelines having no statutory force. Relevant portion of the said policy reads as under: 4. saw star‘s-asst 1t :— a) Gi) g/ Gii)wW$WW$W#@dm wmawosadmummaafdqyf mstmwuatmiaqsqmummmosasf await mat It ah'snaaft i awaits amt mat 1t mm 1w W tam swam i 6. As regards the harassment meted out to the petitioner at the K 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 i i i D @ _3_ place irrespective of the community he beiongs to. This apart, no material has been placed by the petitioner to demonstrate that it is only the officers belonging to the scheduled tribe community is being shifted to the naxaliite 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 vioiation 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 has to be posted in a naxaliite area oniy for a period of nve years. has no force at all because the Guidelines of the State Government stipulate the minimum period of/posting‘ in a naxaliite area as five years but this does not mean that the incumbent has got exemption from being posted in such areas having remained once in such areas for five years. lt 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. lf administrative exigency so warrants any government servant can be posted anywhere and such decisionl taken by the Government ls always in consonance with the judicial 1 pronouncements of the Supreme Court in series of cases. Furtherl the petitioner has not been able to demonstrate the fact that as he; belongs to the scheduled tribe community, he is being subjected tol frequent transfer that too in naxaliite affected areas and thereforel ,4, the order impugned cannot be interfered with only on the basis of vague allegations of male Fldes. Of course, the policy of the Government offers a little respite to a government servant that as far as practicable the husband and wife should be posted at one place. Phrase “as far as practicable” has been interpreted by the Apex Court in a series of decisions which means the availability of the post and existence of the departmental office in the area concerned so as to ensure the posting of husband and wife at one place. Notwithstanding such policy of the government, feasibility of accommodating husband and wife at one place is also required to be looked into. Moreover, it is merely a guideline not injected with any statutory force does not have any binding effect to call for interference with the impugned transfer order. 9. Thus, in view of the aforesaid discussion, this Court is of the considered view that the impugned transfer order does not suffer from any iliegality or infirmity warranting interference with the same. The petition is absolutely without substance and therefore the same is liable to be dismissed. lt 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 dwellers from the deplorable condition being faced by them, by depioying the police machinery at the places irrespective of the Naxallite ridden ones if administrative exigency indeed so demands. 1 «. y Sdl- Pritinker Diwaker :i ‘ Judge