Police Policy: HR Police: SC on Police Transfers: पुलिस ट्रांसफर पर पढ़े सुप्रीम कोर्ट का फैसला. SC order on transfer of police constabulary.

1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 8690-8701 OF 2010 [arising out of Special Leave Petitions (Civil) Nos. 18686-18697/2007] State of Haryana and others …….. Appellants -versus- Kashmir Singh and another etc. etc. …….. Respondents J U D G M E N T Markandey Katju, J. 1. Leave granted. 2. These appeals have been filed against the common impugned judgment of the Punjab and Haryana High Court dated 15.5.2006 in CWP Nos. 7695, 7607, 7665, 7837, 8636, 8704, 8814, 9117, 6941, 8018 and 8310 of 2006. 3. Heard learned counsel for the parties and perused the record. 4. The respondents herein were serving in various districts in the State of Haryana as Constables, Head Constables, Exemptee Head Constables, Assistant Sub-Inspectors and Sub-Inspectors (hereinafter in short as ASI and SI, respectively). They were ordered to be transferred to other districts and ranges by the Inspector General of Police. The respondents challenged the transfer orders contending that in view of the Punjab Police rules so far as Constables, Head Constables and Exemptee Constables are concerned, they could not be transferred outside the district, and so far as ASI and Sis are concerned, they could not be transferred outside the range. 5. This contention has been upheld by the Division Bench of the High court and hence these appeals. 6. With respect, we are unable to agree with the High Court. 7. Section 1 of the Indian Police Act 1861 defines a general police district’ as follows: “the words ‘genera police district’ shall embrace any presidency, State of place, or any part of any presidency, State or place, in which this Act shall be ordered to take effect”. 8. Section 2 of the Act states as follows : 2 “Constitution of the force. – the entire police establishment under a State government shall, for the purposes of this Act, be deemed to be one police force and shall be formally enrolled, and shall consist of such number of officers and men, and shall be constituted in such manner, as shall from time be ordered by the State Government”. 9. Section 4 of the Act states as follows : “Inspector-General of Police, etc. – the administration of the police throughout a general police-district shall be vested in an officer to be styled the InspectorGeneral of Police, and in such Deputy Inspector-General and Assistant InspectorGeneral as to the (State Government) shall seem fit. The administration of the Police throughout the local jurisdiction of the Magistrate of the district shall, under the general control and direction of such Magistrate, be vested in a District Superintendent and such Assistant District Superintendents as the (State Government) shall consider necessary”. 10. Thus a perusal of the relevant provisions of the Police Act clearly shows that the State Police is one integral unit and does not consist of separate independent units. The overall administrative control of the police in the State is with the InspectorGeneral of Police (now the Director-General of Police). 11. We may now also consider the relevant Rules in the Punjab Police rules 1934 (hereinafter referred to as the ‘Rules’). Rule 1.4 of the rules states as follows : “Rule 1.4 – Administrative Division: - the districts of the province are grouped in Ranges and the administration of all police within each such range is vested in a Deputy Inspector General under the control of the Inspector-General of Police. The training school is under the district control of the Inspector-General subject to such delegation of powers as he may make to one or other of the range Deputy Inspector General. The Criminal Investigation Department is administered by a Deputy Inspector General, who also supervises the Finger Print Bureau”. Rule 1.5 – Limits of jurisdiction and liability to transfer – All police officers appointed or enrolled in either of the two general police districts constitute one police force and are liable to, and legally empowered for, police duty, anywhere within the province. No sub-division of the force territorially or by classes, such as mounted and foot police, affects this principle.