Nov - High Court of Judicature at Allahabad

1016 INDIAN LAW REPORTS ALLAHABAD SERIES [2009
25. As far as the petitioner is
concerned, he has been transferred from
Gautam Budh Nagar to Mau. It has come
on record that from the district Gautam
Budh Nagar only six transfers have been
made out of more than 2000 police
officers of sub-ordinate rank posted in the
district. Thus, the number of officers
transferred out of the district is negligible
and on its basis it cannot be even
imagined that any discrimination in the
matter of transfer has been practised on
the basis of caste.
26. In the first supplementary
affidavit a completely vague averment has
been made that from the Meerut Zone
about 400 Police Officers have been
transferred in September, 2009 and
approximately all of them belong to a
particular community. In the second
supplementary affidavit, it has been stated
that approximately 250 Police Officers of
a particular community are transferred
from Meerut Zone in September, 2009.
These two averments are contradictory to
each other and cannot be reconciled.
Further, as per the averments made in the
second supplementary affidavit, the total
number of police officers posted in a
particular district and the number of
police officers transferred is as under:
District
Total number
of Police
Officers
Number of
Police Officers
of a particular
community
Number of
transferred
Police Officers
of particular
community
Meerut 1500 22% i.e. 330 65
Saharanpur 1275 20% i.e. 255 60
Baghpt 360 32% i.e. 115 24
27. The number of officers so
transferred appears to be quite
insignificant looking to the number of
officers posted in each district.
28. The learned Standing Counsel in
this regard rightly submits that the process
of transfer is not complete and the
possibility of transfer of others officers
which may include those of other
community cannot be ruled out. In such a
situation, in the absence of a clear cut
averment as to why the department, rather
the high level committee i.e. Police
Establishment Board, would choose and
transfer the police personnels of a
particular community alone, the
contention that the transfers are in
colourable exercise of power is general in
nature and too remote to be accepted.
29. Apart from the above, Police
Force is a disciplined force established for
the purpose of maintaining law and order
and for investigation of crimes. Therefore,
in order to maintain strict discipline,
sometimes whole sole transfers are
necessary in administrative exigencies. It
is a common phenomena that in such
circumstances a whole Battalion or a
Brigade or a Regiment is transferred,
which may include generally
Constables/Sepoys of a particular caste. In
Army particularly there are specific
Regiments for Jats, Gorakhas and Sikhs
etc. Thus, where the Regiment as a whole
is transferred it would result in the
transfer of persons of particular
community alone but such a transfer
cannot be faulted on account of
arbitrariness or discrimination.
Muzaffar
Nagar
1250 25% i.e. 312 59
30. Sri Vijay Gautam, learned
counsel for the petitioner has placed
reliance upon a decision reported in