Case Note & Summary
The petitioner, Sanjay Gulabrao Deshmukh, a Police Inspector serving in the Maharashtra Police, challenged his transfer order dated 22.02.2016 issued by the Superintendent of Police, Jalgaon. The petitioner contended that the transfer was made in violation of the transfer policy prescribed under the Maharashtra Police Act, 1951, and without any justification. He argued that the transfer was not in public interest but was motivated by mala fides. The respondents, including the State of Maharashtra and the Superintendent of Police, defended the transfer as an administrative decision taken in public interest. The court analyzed the transfer policy and the provisions of Section 22N of the Maharashtra Police Act, 1951. It found that the transfer order did not comply with the prescribed procedure and was not supported by reasons. The court held that the transfer was arbitrary and set it aside. However, it granted liberty to the respondents to pass a fresh order in accordance with law after considering the petitioner's representation. The petition was allowed with no order as to costs.
Headnote
A) Service Law - Transfer - Compliance with Transfer Policy - The transfer of a Police Inspector was challenged on the ground that it was made without following the prescribed transfer policy and without affording an opportunity of hearing. The Court held that the transfer order was not in compliance with the policy and set it aside, directing the respondents to consider the petitioner's representation afresh. (Paras 1-10) B) Maharashtra Police Act, 1951 - Section 22N - Transfer of Police Officers - The Court examined the provisions of Section 22N and the transfer policy issued thereunder. It held that the transfer must be in public interest and in accordance with the policy. The impugned order was found to be lacking in this regard. (Paras 5-8)
Issue of Consideration
Whether the transfer order of the petitioner, a Police Inspector, was issued in compliance with the transfer policy and principles of natural justice.
Final Decision
The petition is allowed. The impugned transfer order dated 22.02.2016 is quashed and set aside. The respondents are at liberty to pass a fresh order in accordance with law after considering the petitioner's representation. No order as to costs.
Law Points
- Transfer policy
- compliance with procedure
- Maharashtra Police Act
- 1951
- Section 22N
- public interest
- mala fides
