Patna High Court
Amitabh Bachchan vs The State Of Bihar on 11 August, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8783 of 2025
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1. Amitabh Bachchan, son of Ram Ashish Singh, resident of village- Ghardhi,
P.S. Chausa, District Buxar, presently working as Constable No. C-1256,
Nalanda Zila Bal, District - Nalanda at Biharsharif.
2. Murlidhar Singh, son of Dhruv Kumar Singh, resident of village- Osai, P.S.
Bihiya, District -Bhojpur at Ara, presently working as Constable No. C-400,
Muzaffarpur Zila Bal, District - Muzaffarpur.
3. Pankaj Kumar Ojha, son of Prem Sagar Ojha, resident of village and P.O.
Nimej, P.S. Brahmpur, District - Buxar, presently working as Constable No.
C-1230, Muzaffarpur Zila Bal, District - Muzaffarpur.
4. Md. Afzal, son of Md. Rojid, Resident of village Kayam Nagar, Ward No.5,
P.O. Kayamnagar, District Bhojpur at Ara, presently working as Constable
No. C-24, Saran Zila Bal, District - Saran at Chapra.
5. Dhananjay Kumar, son of Surendra Singh, resident of village- Asani, P.S.
Udwant Nagar, District Bhojpur at Ara, presently working as Constable No.
C-982, Darbhanga Zila Bal, District - Darbhanga.
6. Ramayan Yadav, son of Yadav Lal Prasad Yadav, resident of village and P.O
Bhopatpur, District East Champaran at Motihari, presently working as
Constable No. C-673 Darbhanga Zila Bal, District Darbhanga.
7. Sujit Kumar Bharti, son of Rajendra Kumar Mandal, resident of village-
Chakrami, P.S. Naryanpur, District-Bhagalpur, presently working as
Constable No. C-749, Darbhanga Zila Bal District-Darbhanga.
8. Rajesh Kumar, son of Ravindra Chandra Ray, resident of village and P.O.
Hansepur, District Nalanda at Biharsharif, presently working as Constable
No.C-104, Darbhanga Zila Bal, District - Darbhanga,
9. Kamlesh Choudhary, son of Suresh Choudhary, resident of village- Baradih
Tola, P.O. Mahuari, District Rohtas at Sasaram, presently working as
Constable No. C-864, Samastipur Zila Bal, District Samastipur.
10. Rajesh Kumar Pal, son of Ramashray Pal, resident of village and P.O.
Harivashpur, District Rohtas at Sasaram, presently working as Constable
No.C-1323, Darbhanga Zila Bal, District - Darbhanga.
11. Raj Raushan Kumar Yadav, son of Surya Bansh Singh, resident of village-
Urda, P.S. Chenari, District Rohtas at Sasaram, presently working as
Constable No.C-484, Darbhanga Zila Bal, District - Darbhanga.
12. Anju Kumari, wife of Amresh Kumar, resident of village and P.O. Lavapur
Harnarayan, District - Vaishali at Hajipur, presently working as Constable
No.C-89, Darbhanga Zila Bal, District - Darbhanga.
13. Rima Kumari, wife of Anand Kumar Yadav, resident of village- Shahpur,
P.O. Sahodih, District - Ballia (U.P.), presently working as Constable No. C-
226, Darbhanga Zila Bal, District - Darbhanga.
14. Rekha Kumari, daughter of Prabhu Pandit, resident of village- Pratappur,
P.O. Panditpur, District - Lakhisarai, presently working as Constable No.C-
535 , Darbhanga Zila Bal, District - Darbhanga.
15. Tishu Kumari, daughter of Suresh Kumar, resident of village- Bagh
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Chappar, P.S. Shahkund District Bhagalpur, presently working as Constable
No. C-411, Araria Zila Bal, District - Araria.
16. Beauty Kumari, daughter of Ram Bachan Sharma, resident of village-
Jamuaon, P.S. Piro, District - Bhojpur at Ara, presently working as Constable
No. C-437, Araria Zila Bal, District - Araria.
17. Santosh Kumar Tiwari, son of Umakant Tiwari, resident of village and P.O.
Dadar, District -Kaimur at Bhabhua, presently working as Constable No.C-
390, Araria Zila Bal, District - Araria.
18. Sonu Sharma, son of Amar Sharma, resident of village- Bakra Diya, P.S.
Krishna Brahm, District Buxar, presently working as Constable No. C-71
Araria Zila Bal, District Araria.
19. Shatrughan Kumar, son of Upendra Prasad, resident of village- Kundi, P.O.
Darwara, District Nalanda at Biharsharif, presently working as Constable
No. C-303, Araria Zila Bal, District - Araria.
20. Binita Kumari, daughter of Jagdish Prasad Bari, resident of village- Ghosi,
P.S. Hilsa, District Nalanda at Biharsharif, presently working as Constable
No. C-98, Araria Zila Bal, District - Araria.
21. Abhishek Kumar, son of Nawal Kishor Paswan, resident of village-
Khonupur, P.S. Dipnagar, District Nalanda at Biharsharif, presently working
as Constable No. C-173, Araria Zila Bal, District - Araria.
22. Jay Prakash Ram, son of Abhimanya Ram, resident of village and P.S.
Badaki Nainijor, District - Buxar, presently working as Constable No. C-15,
Araria Zila Bal, District - Araria.
23. Gautam Kumar, son of Shivjag Singh, resident of village- Sikariya, P.S.
Bikramganj, District -Rohtas at Sasaram presently working as Constable No.
C-257, Araria Zila Bal, District - Araria.
24. Rajnath Ram, son of Nand Kishor Ram, resident of village and P.O. Diaman,
District - Buxar presently working as Constable No. DPC -578 Muzaffarpur
Zila Bal, District - Muzaffarpur.
25. Vinay Kumar Ray, son of Prayag Ray, resident of village and P.O. Munjiya,
District - Kaimur at Bhabhua, presently working as Constable No.C-900
Bettiah Zila Bal, District - West Champaran at Bettiah.
26. Roma Kumari, wife of Jaynendra Kumar, resident of village- Mujnu, Ward
No.8, P.O. Sisirta, District - Rohtas at Sasaram, presently working as
Constable No.C-911 Bettiah Zila Bal, District West Champaran at Bettiah.
27. Bablu Kumar, son of Lal Babu Mahto, resident of village, P.O. and P.S.
Koilwar, District -Bhojpur at Ara, presently working as Constable No.C-883
Bettiah Zila Bal, District - West Champaran at Bettiah.
28. Satyendra Kumar, son of Ram Kishor Rai, resident of village- Sengar Tola,
P.S. Rivilganj, District Saran at Chapra, presently working as Constable
No.C-543 Bettiah Zila Bal, District West Champaran at Bettiah.
29. Sarita Kumari, daughter of Umesh Prasad, resident of village- Bhatta, Ward
No.4, District Nawada, presently working as Constable No.C-899 Bettiah
Zila Bal, District - West Champaran at Bettiah.
30. Sanjay Sahani, son of Nagendra Sahani, resident of village- Asogi, P.S.
Bairganiya, District -Sitamarhi, presently working as Constable No.C-773
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Bettiah Zila Bal, District - West Champaran at Bettiah.
31. Sunil Kumar, son of Gupteshwar Ram, resident of village, P.O. and P.S.
Chenari, District Rohtas at Sasaram, presently working as Constable No.C-
714 Bettiah Zila Bal, District - West Champaran at Bettiah.
32. Shahnawaj Alam, son of Jamaludin, resident of village and P.O. Piyaniya,
District Bhojpur at Ara, presently working as Constable No.C-890 Bettiah
Zila Bal, District - West Champaran at Bettiah.
33. Bhupendra Kumar, son of Ajay Singh, resident of village- Daulatpur, P.S.
Atari, District Gaya, presently working as Constable No.C-877 Bettiah Zila
Bal, District - West Champaran at Bettiah.
34. Md. Ajajul Hak, son of Md. Mazahrul Hak, resident of village, P.O. and P.S.
Madanpur, District - Aurangabad, presently working as Constable No.C-03
Bettiah Zila Bal, District - West Champaran at Bettiah.
35. Arun Kumar, son of Rajendra Prasad Sah, resident of village Bajitpur, P.O.
Sanjohali, District Rohtas at Sasaram, presently working as Constable No.C-
792 Bettiah Zila Bal, District West Champaran at Bettiah.
36. Subodh Kumar, son of Ramprabhav Singh, resident of village- Machhuaha,
Ward No.3, District Sitamarhi, presently working as Constable No.C-326
Bettiah Zila Bal, District West Champaran at Bettiah.
37. Md. Imteyaz Alam, son of Murtuza Ahmad, resident of Ward No.23,
Bikramganj, P.O. and P.S. Bikramganj, District - Rohtas at Sasaram,
presently working as Constable No.C-965 Bettiah Zila Bal, District West
Champaran at Bettiah.
38. Ajit Kumar, son of Hari Narayan Prasad, resident of village- Yamunapur,
P.S. Auraia, District -East Champaran at Motihari, presently working as
Constable No.C-746 Bettiah Zila Bal, District West Champaran at Bettiah.
39. Santosh Das, son of Shambhu Das, resident of village- Dumariya, P.S.
Kishanganj, District -Kishanganj, presently working as Constable No.C-156
Banka Zila Bal, District - Banka.
40. Mithilesh Kumar, son of Suresh Kumar, resident of village and P.O. Nadaon,
District Buxar, presently working as Constable No.C-295 Banka Zila Bal,
District Banka.
41. Santosh Kumar, son of Yugeshwar Singh, resident of village- Ahiyapur, P.S.
Haspura, District - Aurangabad, presently working as Constable No.C-680
Banka Zila Bal, District - Banka.
42. Akash Kumar Singh, son of Shashi Bhushan Singh, resident of Road No.4,
East Indira Nagar, Kankarbag, P.S. Kandarbag, District Patna, presently
working as Constable No.C-672 Banka Zila Bal, District -Banka.
43. Birendra Ray, son of Sundar Ray, resident of village and P.O. Govindpur,
District - Arwal, presently working as Constable No.C-594 Banka Zila Bal,
District Banka.
44. Rajesh Kumar, son of Sitaram Singh, resident of village- Rampur, P.S.
Suryagadha, District -Lakhisarai, presently working as Constable No.C-585
Banka Zila Bal, District - Banka.
45. Sanjit Kumar, son of Ragho Mahto, resident of village- Gopalvad, P.S.
Saremra, District Nalanda at Biharsharif, presently working as Constable
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No.C-84 Banka Zila Bal, District - Banka.
46. Ajay Kumar, son of Shankar Das, Resident of village and P.O. Ganeshpur,
District -Purnea, presently working as Constable No.C-416 Banka Zila Bal,
District Banka.
47. Sanjay Kumar, son of Lalan Ray, resident of village- Ratanpura, P.S.
Bhagwan Bazar, District -Saran at Chapra, presently working as Constable
No.C-504 Banka Zila Bal, District - Banka.
48. Vinay Kumar Pandey, son of Shambhu Nath Pandey, resident of village-
Utari Dahiyawa Tola, Chapra, P.S. Chapra, District Saran at Chapra,
presently working as Constable No.C-185 Banka Zila Bal, District Banka.
49. Dharmendra Kumar, son of Lalan Prasad, resident of House No.A-75,
Ibrahimpur, District West Delhi, presently working as Constable No.C-171
Banka Zila Bal, District - Banka.
50. Anil Kumar Sah, son of Kedar Nath Sah, resident of village and P.O. Anwal,
District - Saran at Chapra, presently working as Constable No.C-662 Banka
Zila Bal, District - Banka.
51. Shekh Parwej Alam, son of Shekh Makbul Alam, resident of village-
Dhoban, Purab Patti, District Kaimur at Bhabhua, presently working as
Constable No.C-560 Banka Zila Bal, District - Banka.
52. Vishal Paswan, son of Ramashish Paswan, resident of village- Bhagwan
Bigha, P.S. Daudnagar, District Aurangabad, presently working as Constable
No.C-618 Bhagalpur Zila Bal, District - Bhagalpur.
53. Ravindra Kumar Bharti, son of Ramashish Ram, resident of village and P.O.
Jogia, Ward No.7 District West Champaran at Bettiah, presently working as
Constable No.C-596 Bhagalpur Zila Bal, District - Bhagalpur.
54. Ravindra Kumar, son of Ramswarup Paswan, resident of village and P.O.
Jalpura, Ward No.7 District Aurangabad, presently working as Constable
No.C-1453 Bhagalpur Zila Bal, District - Bhagalpur.
55. Sonu Kumar, son of Mahendra Prasad Singh, resident of village and P.O.
Pali, District Kaimur at Bhabhua, presently working as Constable No.C-
1411 Bhagalpur Zila Bal, District - Bhagalpur.
56. Deepak Kumar Ram, son of Ram Pravesh Ram, resident of Ward No.18,
Forbisganj, P.O. and P.S. Forbisganj, District Araria, presently working as
Constable No.C-605 Bhagalpur Zila Bal, District - Bhagalpur.
57. Shashi Kumar, son of Bigan Ram, Resident of village- Khajura, P.S. Belav,
District - Kaimur at Bhabhua presently working as Constable No.C-1466
Bhagalpur Zila Bal, District - Bhagalpur.
58. Rajeev Ranjan Paswan, son of Awdhesh Ram, resident of village- Araura,
P.O. Dularpur, District Bhojpur at Ara, presently working as Constable
No.C-245 Bhagalpur Zila Bal, District - Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Director General of Police, Bihar, Patna.
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3. The Additional Director General of Police, Bihar, Patna.
4. The Senior Superintendent of Police, Muzaffarpur, District - Muzaffarpur.
5. The Senior Superintendent of Police, Darbhanga, District - Darbhanga.
6. The Senior Superintendent of Police, Bhagalpur, District - Bhagalpur.
7. The Superintendent of Police, Saran at Chapra, District - Saran at Chapra.
8. The Superintendent of Police, Samastipur, District - Samastipur.
9. The Superintendent of Police, Araria, District Araria.
10. The Superintendent of Police, West Champaran at Bettiah, District West
Champaran at Bettiah.
11. The Superintendent of Police, Banka, District - Banka.
12. The Superintendent of Police, Nalanda at Biharsharif, District-Nalanda at
Biharsharif.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. S.B.K. Manglam, Advocate
Mr. Awnish Kumar, Advocate
For the Respondent/s : Mr. P. K. Shahi, Advocate General
Mr. Manish Kumar, GP- 4
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 11-08-2025
Heard Mr. S. B. K. Mangalam, learned Advocate for
the petitioners and Mr. P. K. Shahi, learned Advocate General
with Mr. Manish Kumar, learned G.P.-4.
2. A group of constables aggrieved with the order
dated 05.05.2025, as contained in Memo No. 110, issued under
the signature of respondent no.3 (Additional Director General of
Police, Bihar) whereby 19858 constables of District Police
Force were ordered to be transferred from one District to
another on random basis, have invoked the extraordinary
prerogative writ jurisdiction of this Court seeking quashing of
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the same to the extent order relates to them.
3. The impugned order of transfer is put to challenge
mainly on three grounds. Mr. Mangalam, learned Advocate
representing the petitioners has primarily submitted that since
the transfer police, 2020 issued under the Police Order No.
315/2020 was repealed by the respondent no.2 vide order as
contained in Memo No. 35, dated 13.06.2022 and thereafter, no
policy regarding transfer of Constables has been
framed/published by the competent authority, the massive
transfer about 20,000 constables from one district to another is
wholly unjustified, unsustainable, as also in complete absence of
any Policy/Rule regarding transfer of constables.
Secondly, the Bihar Police Act and/or Bihar Police
(Amendment) Act, 2022 does not contemplate random transfer
of constables, which are not at all permissible under the law,
because there are chances of pick and chose or favouritism.
Lastly, once the Police Order No. 322 of 2022 was sent to all
Inspector General of Police / Deputy Inspector General of
Police vide letter no. 43 dated 21.08.2024 issued under the
signature of respondent no.3 directing all the Superintendent of
Police to convene a police meeting in their respective districts
for inviting the suggestions of the police personnel attending the
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police meeting could not be effected and no final policy has
been framed by the police headquarter regarding transfer of
police personnel, including the police, the impugned order of
transfer, qua the petitioners cannot be sustained in law.
4. The grounds of challenge, which have been noted
hereinabove, are said to have been formulated in the factual
premise noted hereunder. It is urged before this Court that facing
difficulty, on account of frequent transfer resulting into various
defects, Police Order No. 315 dated 18.05.2020 in relation to
Welfare Scheme/Policy regarding transfer of constables in the
State was brought by the Bihar Police Headquarter. However, it
could not get the approval of the State Government and
consequently the Police Order No. 315 dated 18.05.2020 was
withdrawn by the Police Headquarter and Old Policy on transfer
of constables remained in force. In the meanwhile, The Bihar
Police (Amendment) Act, 2022 came into force and Sub-Section
1 of Section 10 of the Amended Act, 2022, which stipulates that
the Police Personnel from the rank of Inspector to Constable
shall remain posted in a District for five years, in a range for
eight years and in different Units for eight years only. In the
light of the amending provision, the Police Headquarter issued
Police Order No. 322 of 2022 by introducing something, which
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was not under the Amending Act.
5. There was a common grievance of the constables,
inter alia, for implementation of policy decision contained in
Police Order No. 315 dated 18.05.2020, besides extending the
period of District and Range posting and the provisions for
optional transfer be introduced. Notwithstanding, any decision
taken with respect to transfer of the constables and/or any Police
order has issued in public domain after consideration of
objections being raised by the large number of constables, the
impugned order of transfer came to be issued effecting
randomly transfer of more than 19,000 constables from one
District to another, hence the impugned order of transfer is
wholly unsustainable in law, as well as on fact, is the contention
of the learned Advocate for the petitioners.
6. Mr. P. K. Shahi, learned Advocate General,
Government of Bihar dispelling the aforenoted contention has
submitted that the challenge led by the petitioners is wholly
misconceived and not tenable. It is urged before this Court that
the Bihar Police Headquarters (Establishment and Law
Division) Order cum Memo No. 35/L-2 dated 13.06.2022
omitted the Police Order No. 315/2020 in view of non-receipt of
consent of the State Government and it was clearly ordered that
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"after its deletion, the previous arrangement will remain" i.e. the
rule given in the Bihar Police Act, 2007 (Amended in 2022)
shall prevail. Referring to the Amended provision, Sub-Section
1 of Section 10 of the Amendment Act, 2022, it is contended
that in the light of the said provision and the direction contained
in Memo No. 28/L-2 dated 19.04.2022, the procedure and the
policy regarding the transfer of officers/personnel of police has
been determined by Police Order No. 322/2022-cum-Memo No.
69/L-2 dated 25.08.2022. Clause 4(a) thereof specifically
provides that the tenure of police officers/ personnel from
Inspector to Constable level will be done by the committee
constituted as per the provisions of the Bihar Police
(Amendment) Act, 2022. The said Amendment Act has
determined the tenure of five years in a district, eight years in a
Police range.
7. Clause 4(b), further contemplates the manner of
calculation of the period served in an area specifying that if an
employee has worked in a Range/Unit for two or more tenures,
then the period will be calculated by combining all the tenures.
Similarly, if any employee has worked in a range/unit in
different categories, as constable, assistant sub-inspector, sub-
inspector of Police, Police Inspector etc., then the completion of
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tenure will be calculated by combining the period spent in all
the categories. Posting in the Range office will also be counted
under the respective period. Similarly, the district period will be
calculated. In the light of the provisions as noted hereinabove, a
Committee was duly constituted under the chairmanship of
Additional Director General of Police (Headquarters) for the
transfer of regular term constable to Police Inspector, who had
completed their tenure of posting.
8. It has further been submitted with all fairness that
before the transfer notification came to be issued, a decision was
taken to randomize transfer with the consent of all Range Police
Officers, such as Inspector General/Deputy Inspector
General/Superintendent of Police. Unanimously consent was
given by the committee members for random transfer to ensure
transparency and negate any nepotism.
9. Learned Advocate General, Government of Bihar
has further informed that all these transfers have been hastened
due to the imminent Bihar Legislative election to be held
immediately this year.
10. While summarizing his submission, Mr. P. K.
Shahi, learned Advocate General has yielded that law is well
settled, with regard to transfer of the Government employees,
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wherein the Court consistently ruled that order cannot be
interfered with by the Court unless it is vitiated by the malafide
or is made in violation of the statutory provisions. It is the
exigencies of the service and the decision of transfer is to be
taken by the authorities concerned keeping in view the nature of
services, its effective utilization and proper administration of the
Government. Highlighting the principles, reliance has also been
placed upon a decision of the Hon'ble Supreme Court in the
case of Union of India and Ors. Vs. S.L. Abbas, reported in,
AIR 1993 SC 2444 wherein the Court made it clear that while
ordering the transfer of Government employee, there is no
doubt, the authority must keep in mind the guidelines issued by
the Government on the subject and the said guideline however
do not confer upon the government employee a legally
enforceable right.
11. Having considered the submissions advanced by
the learned Advocate for the respective parties and after perusal
of the materials available on record, before parting with the
case, it would be pertinent to observe that the Police can be
defined as an organization of the Government to enforce
law/laws, maintain public peace, order and security, control
traffic, provide security to the citizens and protect individual's
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rights, besides performing may other emergent duties as per the
Act and the Rules, legislated under the Constitution of India.
The police plays the foremost role in maintaining peace and
tranquility, and are recognised for their achievements in various
fields due to their dedication, determination and disciplined
maintained by them.
12. Transfer of an employee is not only an incident
inherent in the terms of appointment, but also implicit as an
essential condition of service in the absence of any specific
indication to the contrary. No Government can function if the
Government servant insists that once appointed or posted in a
particular place or position, he should continue in such place or
position as long as he desires. A Government servant has no
vested right to remain posted at a place of his choice nor can he
insist for the same [Vide State of U.P. Vs. Gobardhan Lal,
(2004) 11 SCC 402].
13. In the case of Gujarat Electricity Board and
Anr. Vs. Atmaram Sungomal Poshani, reported in, (1989) 2
SCC 602, the Hon'ble Supreme Court has observed as follows:
"4. Transfer of a government servant
appointed to a particular cadre of transferable posts
from one place to other is an incident of service. No
government servant or employee of public
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undertaking has legal right for being posted at any
particular place. Transfer from one place to other is
generally a condition of service and the employee
has no choice in the matter. Transfer from one place
to other is necessary in public interest and efficiency
in the public administration. Whenever, a public
servant is transferred he must comply with the order
but if there be any genuine difficulty in proceeding
on transfer it is open to him to make representation
to the competent authority for stay, modification, or
cancellation of the transfer order. If the order of
transfer is not stayed, modified or cancelled the
concerned public servant must carry out the order of
transfer. If he fails to proceed on transfer in
compliance to the transfer order, he would expose
himself to disciplinary action under the relevant
rules, as has happened in the instant case. The
respondent lost his service as he refused to comply
with the order of his transfer from one place to the
other."
14. In Union of India and Ors. Vs. S.L. Abbas
(supra), the Hon'ble Supreme Court has further ruled that the
guidelines in respect of transfer does not confer upon the
government employee a legally enforceable right. It would be
pertinent to encapsulate the relevant part of the decision, which
reads as under:
"7. Who should be transferred where,
is a matter for the appropriate authority to decide.
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Unless the order of transfer is vitiated by mala
fides or is made in violation of any statutory
provisions, the Court cannot interfere with it.
While ordering the transfer, there is no doubt, the
authority must keep in mind the guidelines issued
by the Government on the subject. Similarly if a
person makes any representation with respect to
his transfer, the appropriate authority must
consider the same having regard to the exigencies
of administration. The guidelines say that as far
as possible, husband and wife must be posted at
the same place. The said guideline however does
not confer upon the government employee a
legally enforceable right."
15. The Hon'ble Supreme Court, time without number
has reinforced that the scope of judicial review in matters of
transfer of a Government servant to an equivalent post without
any adverse consequence on the service or career prospects is
said to be very limited being confined only to the grounds of
malafides and violation of any specific provision or guideline
regulating such transfers amounting to arbitrariness. The series
of judgments rendered by the Hon'ble Supreme Court time to
time crystalized and underscored that transfer is a condition of
service and a Government servant has no vested right to remain
posted at his/ her choice. The transfer order does not violate
legal right of a person holding transferable post, if he is
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transferred from one place to another in public interest. The
order of transfer is an administrative order. Thus, the scope of
judicial review in the matter of transfer is very limited. It has
been repeatedly cautioned that the Courts should not interfere
with transfer order which is made in the public interest and for
administrative reasons, unless an order of transfer is shown to
be outcome of malafide exercise or stated to be in violation of
statutory provision prohibiting any such transfer.
16. It would be worth relevant to observe here that a
Policy matter/Policy decision is taken by the Government after
considering all the points from different angles, while framing
the policy the Government also takes into consideration the
administrative efficiency and other incidental matters. The rule
of the law casts a duty on the administrative functionaries to act
within the framework of the law, be it law made by the
legislature, subordinate legislation or executive orders. The
Government employees are also obliged to follow the
circulars/memos and instructions issued by the Government.
17. Now coming to the case in hand, this Court, prima
facie, find that apart from the provision for transfer already laid
down in Rule 775 to 778 of Chapter 24 of the Bihar Police
Manual, 1978 prescribing the requisite parameters of transfer
Patna High Court CWJC No.8783 of 2025 dt.11-08-2025
16/19
policy. The Government of Bihar has notified Bihar Police Act,
2007, which later on amended under Bihar Police (Amendment)
Act, 2022 wherein Sub-Section 1 of Section 10 of the earlier
Police Act, 2007 was amended as follows:
"(10) Transfers and postings to
subordinate posts.
The posting of police personnel from the
rank of Inspector to Constable to a
particular post shall be made by the District
Superintendent of Police, Head of the Unit
and the Director General of Police within
their jurisdiction. The tenure of police
personnel from Inspector to Constable level
will be 05 years in one district, 08 years in
one Range and 08 years in units in
aggregate. Their transfer from one district
to another within the Range will be done by
a committee, whose chairman will be the
Range Deputy Inspector General of
Police/Inspector General of Police and the
Superintendent of Police of the respective
districts will be the member. For the
purpose of inter-Range and inter-transfer
between districts and units of police
personnel from Inspector to Constable
Level, the Director General of Police will
be able to constitute committees after the
approval of the State Government."
Patna High Court CWJC No.8783 of 2025 dt.11-08-2025
17/19
18. In the light of the provision prescribed under
Sub-Section 1 of Section 10 of the Amendment Act, 2022 as
also the direction contained in Memo No. 28/L-2 dated
19.04.2022
, a procedure and policy regarding transfer of
Officers/personnel of Bihar Police has been determined
through Police Order No. 322/2022 dated 25.08.2022. Clause
4(a) of the aforenoted letter, which has been taken note of
earlier clearly prescribes that there shall be a committee, who
shall regulate and take decision with regard to the tenure of
police officers/ personnel from Inspector to Constable level;
based upon which transfer of regular term constable to Police
Inspector shall be effected.
19. The facts have been brought on record that in the
light of the Amended Act and the Police Order referred
hereinabove, a Committee was constituted under the
Chairmanship of Additional Director General of Police
(Headquarters) for the transfer of regular term constable to
Police Inspector, who had completed their tenure of posting
and consequently in the meeting held on 28.04.2025, the
constables who have completed their tenure, the transfer order
has been issued under Memo No. 190/P-3 dated 05.05.2025. It
would be pertinent to note here that this Court has also been
Patna High Court CWJC No.8783 of 2025 dt.11-08-2025
18/19
apprised that the aforesaid decision has been taken in tune with
the guidelines of the Election Commission of India in the
context of imminent schedule of State Legislature Election.
20. Before summing up, it would be relevant to
notice and further clarify that the petitioners before this Court
are the members of the disciplined force and are expected to
obey the order of their transfer; however, if any one of them
have some personal problem or the transfer order(s) have been
passed in his/her particular case, against the transfer policy, it
is open to him/her to move a representation to the appropriate
authority for redressal of his/her grievance. In case, it is found
that he/she has some personal problem, the authority ought to
consider his/her grievance and pass appropriate order and shall
make an endeavour to address the same.
21. In view of the discussions made hereinabove, as
also in the realm of settled position of law, the grounds of
challenge as raised by the learned Advocate for the petitioners
does not find any merit consideration, as the Special Order of
Transfer has been passed in the tune with the statutory
prescriptions and the Rules of the Police Manual. The
petitioners failed to make out any case of interference in the
transfer order.
Patna High Court CWJC No.8783 of 2025 dt.11-08-2025
19/19
22. Accordingly, the writ petition is hereby
dismissed. The parties shall bear their own costs.
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 13.08.2025 Transmission Date NA
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