HIGH COURT OF JUDICATURE CHHATTISGARH : BILASPUR Single Bench : Hon'bleShri Justice Satish K. Agnihotri WRIT PETITION (S) N0.1970 OF 2007 Petitioner Respondents g^' k Chatur Kumar Gajabhiye, aged about 52 years, son of Late Chuni La! Gajabhiye, occupation S.l. resident of Police Station Jaijepur, District Janjgir-Champa (C.G.) T. State of Chhattisgarh, through the - Secretary Department of Home Affairs, Dau Kalyan Singh Bhawan, Raigarh (C.G.) 2. The State Poljce Establishment Board, through Its Presidsnt. 3. The Director General of Police, Police Head Quarter, Raipur (C.G.) 4. The High Level Caste Scrutiny Committee, State of Chhattisgarh, In the Premises of R. Ravishankar Shukla Univereity, Raipur (C.G.) 5. The Superintendent of Police, Distt. Janjgir-Champa (C.G.) 6. The Station House OfRcer, Distt. Janjgir-Champa (C.G.) 7. V.K.Damalahe, Son of Not known, Ex. Additional Director General of Potice, Madhya Pradesh, Bhopal. II 8. Bhau Ram Damalahe, son of Not known, Ex. Distt. Suptdg of Police, Madhya Pradesh. Bhopal. ^-_^^^_^-^—^^^_^-^—^^^ _-__!.„_^_-^^___. - M • Present:- Shri Amit Sharma, counse! for the petitioner. Smt. Anju Ahuja, Dy. Govt. Advocate for the State/ respondents No.1 to6. 8 ORDER (Passed on 4th April, 2007) By this petition, filed under Articte 226 of the Constitution of india, the petitioner chaHenges the legality and validity of the transfer order dated 7-3-2007 (Annexure-P/1). 2) The facts in nutshell are that the petitioner is working onthe post of Sub Inspector. According to the learned counsel for the petitioner, the petitioner was on the last occasion transferred from Police Station Champa to Police Station Jaijaipur within the district of Janjgir-Champa on 10-10-2006. The petitioner has been transferred by the impugned order dated 7-3-2007 from Police Station Jaijaipur, District Janjgir-Champa to District Rajandgaon. Learned counsel Impugns the fransfer order mainly on two grounds; firstlythe impugned order was passed not by the State Government and secondly it suffers from colourable exercise of power with mala ffde intention. 3) On reading of the impugned order dated 7-3-2007 (Annexure-P/1), which was issued by the Director General of Poiice as Chairman of State Police Establishment Board With approval of the Chief Election OfRcer, it appears that four persons were transferred. The petltioner was transferred from District Janjgir-Champa to District Rajnandgaon. The Director Genera! of Police as Head of the State Poiice Establishment Board is fuiiy competent to transfer an officer of the rank of Sub Inspector of Police. Thus, there is no lack of competence. With regard to the second contention, the petitioner submits that the order has been passed on the basis ofcomplaint made by V.K. Damlahe, Additional Director General of Police, State of Madhya Pradesh and Bhau Ram Damlahe, Deputy Superintendent of Police on account of the caste of the petitioner. According to the learned counsel, V.K. Damlahe and Bhau Ram Damlahe are real brothers. Thus, it is sufficientiy proved that the transfer order was made with mala ffcfe intention. Learned counsel further submits that t'ne entire exeroise has been done on account of his caste. The petitioner has not proved the same substantiated by documents except the self-same statement made in the petition. This is not sufficient to hold that the transfer order was passed with maia fide intention. This transfer seerns to have been made on account of administrative exigency in public interest. 4) |t is wei! settied principle of law that transfer is an incident of sen/ice and it is for emp!oyer to decide as to where a oarticular officer/ employee be posted, keeping in view public interest as vvel! as administrative exigency. This Court has Simitsd jurisdiction to interfere in the transfer matter and this Court can intsrfere only in the case of proved mala fide, non-competence of authority passing the transfer order and transfer order not being conformity with the rules and regulations. 51 As a resuit and for the foregoing reasons mentioned hereinabove, this petition is dismissed summarily. Gowri Sa^^T1 judg,e ibotn