Ahmedabad, Feb 18 (PTI) Gujarat High court has ruled thatpolice personnel of the rank of head constable and constablecannot be permanently transferred from one district toanother.
The judgement was passed by a division bench of Justice SJ Mukhopadhaya and Justice J B Pardiwala yesterday whilehearing petition by an unarmed head constable Haroon Kadiwala,challenging his transfer from his hometown Surat toSabarkantha.
Interpreting the provisions of section 28(1) of theBombay Police Act, the division bench held that in cases ofemergency situation and administrative exigency, a policepersonnel of rank of head constables and constables can besent on deputation from one district to another so as to meetwith such emergency or administrative exigency.But when such emergency or administrative exigency isover, they are to be sent back to their original place ofposting in the parent district and they should retain lien andseniority in the parent district, the court observed.
Police personnel of rank of head constable and constablecannot be permanently transferred from one district toanother, it added.
Appearing for the Kadiwala, his counsel Mukul Sinha hadsubmitted before the court that inter-district transfer of hisclient was being used as a weapon to punish him for his tradeunion activities. (More) PTI PB PD VKV