IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.11284 of 2009 Date of Decision: July 30, 2009 Avtar Singh .....PETITIONER(S) VERSUS State of Punjab & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Aminder Singh, Advocate, for the petitioner. . . . AJAI LAMBA, J (Oral) This civil writ petition has been filed under Article 226/227 of the Constitution of India praying for issuance of a writ in the nature of certiorari, quashing Order (Annexure P- 2) dated 29.12.2008 endorsed on 30.12.2008 and Order dated 21.7.2009 (Annexure P-3). It has been pleaded that vide order, Annexure P-2, The petitioner, a Head Constable, serving in District Sangrur was temporarily posted to District SAS Nagar Mohali for administrative reasons. Learned counsel for the petitioner has pointed out that in the month of July, Order CWP No.11284 of 2009 [2] Annexure P-3 has been passed in relation and in view of Order, Annexure P-2. Annexure P-3 mentions that the petitioner stands transferred from District Sangrur to District SAS Nagar Mohali, and accordingly, he is sent on 21.7.2009 in the afternoon. Learned counsel has drawn the attention of the Court towards Rule 12.1(4) of the Punjab Police Rules, 1934 which specifies, “Head Constables and Constables in each district shall be borne on district rolls and shall receive district constabulary number”. It has been contended that it being a district level post, the petitioner could not have been transferred to another district vide Annexure P-3. It has further been contended that Annexure P-3 has travelled beyond the scope of Annexure P-2 in so much as vide Annexure P-2, petitioner has been `temporarily posted’ whereas as per Annexure P-3, the petitioner has been `transferred’. It has been argued that after a lapse of seven months, Annexure P-2 could not have been given effect. The petitioner is ready and willing to be posted in District SAS Nagar Mohali, however, for a limited period and not CWP No.11284 of 2009 [3] indefinitely. I have considered the contentions of learned counsel for the petitioner. Order Annexure P-2 reads as under:- “Head Constable Avtar Singh No. 883/Sangrur is temporarily posted to District SAS Nagar from District Sangrur for administrative reasons with immediate effect. This office be informed of the date of relieving/joining of the employee.” Order Annexure P-3 reads thus:- “As per order no. 39502-04/A-2 dated 30.12.2008 of the office Hon’ble Deputy Inspector General of Police, Patiala Range, Patiala, Hal./P.R. Avtar Singh No. 883/Sangrur was transferred from District Sangrur to District S.A.S. Nagar and therefore today dated 21.07.09 in the afternoon he is sent to S.A.S. Nagar (Mohali). Identity card and necessary instructions have been given to him.” It seems that a decision was taken by the Deputy Inspector General, Patiala Range, Patiala, to `temporarily post’ the petitioner to District SAS Nagar Mohali for administrative reasons with immediate effect. The order was not given any immediate effect. After about seven months, the petitioner has been `transferred’ to District SAS Nagar Mohali vide Annexure P-3. I have also taken note of the fact that Annexure P-3 is more in continuation of Annexure P-2 in so much as it refers to Order Annexure P-2 which was endorsed on 30.12.2008. Considering the totality of facts and circumstances of the case, the matter is relegated to the Deputy Inspector General of CWP No.11284 of 2009 [4] Police, Patiala Range, Patiala, to consider the issue and clarify the matter keeping into account the provision of Rule 12.1(4) of the Punjab Police Rules, 1934. Necessary decision be taken and conveyed to the petitioner within three months of receipt of certified copy of the order. The petition is disposed of accordingly. (AJAI LAMBA) July 30, 2009 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?