HC stays mass transfer of 19, 858 constables
PATNA, May 23 -- The Patna High Court on Thursday stayed the mass transfer of 19,858 constables in Bihar. The court's decision comes after a petition was filed citing the absence of a valid transfer policy and the large-scale transfers without proper procedures. The transfers, which were initiated on May 5, were ordered to be completed within 15 days. The Patna High Court has granted an interim stay on the transfer orders. The court has directed the state government to file an affidavit within four weeks, clarifying the situation. The case will be heard again after the summer vacation. This stay means that the transferred constables are not required to join their new postings until the court's final decision.
Constable Amitabh Bachchan of Buxar, along with 58 constables from nine districts have questioned the legality/validity of the order dated May 5 issued under the signature of the Additional Director General (ADG) of Police whereby the ADG has been pleased to transfer 19,858 constables of District Police Force from one district to another on time-frame basis.
The court heard the plea of SBK Mangalam, the counsel for the petitioners submits that the aforesaid order has been issued by ADG without any transfer policy with respect to Constables in the State of Bihar and no policy regarding transfer of Constables has been framed and published by the competent authority. "As prayed for on behalf of the State, four weeks' time is allowed to file a detailed counter affidavit personally sworn by the ADG clearly stating therein that:-
Is there any transfer policy with respect to constables in the State of Bihar? Is there any policy decision and whether the same has been followed in the present transfer order dated May 5 or not?
"The transfer order of the constable issued by the ADG is kept in abeyance, till the next date of hearing i.e. on June 23," ordered justice Rajesh Kumar Verma.
The Bihar police headquarters has ordered the inter-district transfer of approximately 20,000 constables across the state with immediate effect ahead of upcoming Bihar Assembly elections. The transfers, carried out following the recommendations of the recently held Regional Transfer Committee meeting, aim to ensure impartiality and improve law and order during the election period. The official order also states that constables who have recently been given higher responsibilities are included in the transfer list. However, there are exceptions. Constables currently on deputation as bodyguards will not be relieved until their deputation period ends. Once concluded, their transfer orders will be implemented as directed.
This large-scale reshuffle is seen as a move to strengthen the neutrality and efficiency of policing in the run-up to the elections and to prevent the misuse of local influence by long-serving personnel....
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