S. B. Civil Writ Petition No. 13092/09, S. B. Civil Writ Petition No. 13093/09, S. B. Civil Writ Petition No. 13094/09, S. B. Civil Writ Petition No. 13095/09. Case: 1. Vijendra Kumar, 2. Dhura Ram, 3. Ashok Kumar, 4. Kajod Mal Vs Rajasthan Civil Services Appellate Tribunal and Others. Rajasthan High Court
| Case Number | S. B. Civil Writ Petition No. 13092/09, S. B. Civil Writ Petition No. 13093/09, S. B. Civil Writ Petition No. 13094/09, S. B. Civil Writ Petition No. 13095/09 |
| Counsel | Ajay Gupta |
| Judges | Ajay Rastogi, J. |
| Issue | Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(X)(X1) |
| Judgement Date | October 23, 2009 |
| Court | Rajasthan High Court |
Judgment:
Ajay Rastogi, J.
All the four writ petitions involve common question regarding transfer of these petitioners who are working as Assistant Sub-Inspector, Head Constable/Constable in Jaipur Range, were transferred under the order of Director General of Police dt.14th September, 2009 to Bikaner Range, was earlier challenged before Tribunal and all the four appeals preferred by petitioners were rejected by common order dt.6th October, 2009.
Petitioners who are working as Assistant Sub- Inspector, Head Constable/Constable while being posted in the jurisdiction of S.P., Sikar for one alleged incidence of 4th July, 2009, a criminal complaint against all the four were registered u/ss.143, 341, 323 IPC read with Sec.3(1)(X)(X1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on 4th July, 2009. However, after investigation, challan has been filed against them u/ss.143, 341, 325 & 323 IPC. At the same time, the disciplinary inquiry has also been initiated against all the four petitioners U/r.17 of CCA Rules vide memorandum dt.10th August, 2009. It appears from the record that immediately after the alleged incident, of which reference has been made supra, they were placed under suspension vide order dt.10th August, 2009, but after the charge sheet was served upon them, order of their suspension was revoked and under the orders of the Director General of Police, all the four petitioners were transferred from Jaipur to Bikaner Range vide order dt.14th September, 2009 which was assailed by filing separate appeal before Tribunal and all the four appeals were rejected by common order dt.6th October, 2009.
Counsel for petitioner submits that by passing order of transfer from Jaipur to Bikaner Range, their seniority which is maintained on range-wise basis under Rajasthan Police Subordinate Service Rules, 1989, is seriously affected and that will certainly affect their right of consideration for promotion in the cadre.
Counsel further submits that action of the respondents is malafide in law and the fact is that they were members of special team constituted under the orders of S.P. and when complainant Kailash Chand S/o Mala Ram, by Caste Meena, was intercepted by the petitioners and legal action was taken against him, but he being a person closed to senior officer, the petitioners became victim and in such circumstances, passing of order of transfer from Jaipur to Bikaner Range is arbitrary and cannot be said to...
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