Ahmedabad: The Gujarat high court on Thursday ruled that police personnel of head constable and constable cadre cannot be transferred from one district to another on a permanent basis.
This has come as a great relief for those cops who are lower in rank and indulged in union activities in the state.
Delivering its verdict on an appeal by police head constable Haroon Kadiwala, a division bench of chief justice SJ Mukhopadhaya and justice JB Pardiwala held that in cases of emergency and administrative exigency, head constables and constables can be sent on deputation from one district to another.
However, when such emergency or administrative exigency is over, the police personnel have to be sent back to their original place of posting in the parent district and they retain lien and seniority in the parent district, the division bench observed while interpreting the provisions of section 28 (1) of the Bombay Police Act.
Petitioner Kadiwala was posted at Khatodara police station in Surat district, from where he was transferred to Sabarkantha district in March last year. He challenged his transfer order before the high court, but his petition was rejected by a single-judge bench in August last year.
Kadiwala challenged the judge’s order before a division bench through advocate Mukul Sinha, who submitted that inter-district transfer of the petitioner was used as a weapon to punish him for his trade union activities. But such powers are not conferred upon the SP under the laws.
Another policeman, who took a lead in the activities for forming a union among policemen, Naresh Brahmbhatt, has also been transferred to the border district of Kutch.
Delivering its verdict on an appeal by police head constable Haroon Kadiwala, a division bench of chief justice SJ Mukhopadhaya and justice JB Pardiwala held that in cases of emergency and administrative exigency, head constables and constables can be sent on deputation from one district to another.
However, when such emergency or administrative exigency is over, the police personnel have to be sent back to their original place of posting in the parent district and they retain lien and seniority in the parent district, the division bench observed while interpreting the provisions of section 28 (1) of the Bombay Police Act.
Petitioner Kadiwala was posted at Khatodara police station in Surat district, from where he was transferred to Sabarkantha district in March last year. He challenged his transfer order before the high court, but his petition was rejected by a single-judge bench in August last year.
Kadiwala challenged the judge’s order before a division bench through advocate Mukul Sinha, who submitted that inter-district transfer of the petitioner was used as a weapon to punish him for his trade union activities. But such powers are not conferred upon the SP under the laws.
Another policeman, who took a lead in the activities for forming a union among policemen, Naresh Brahmbhatt, has also been transferred to the border district of Kutch.
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