ORDER The only question involved in this writ petition is if the transfer of a Sub-Inspector of Police from one district to another can be passed by any officer other than the Inspector General of Police now termed as Director Genera of Police. Admittedly in the instant case the petitioner, has been transferred from Howrah District to Birbhum District. Postings and transfers of Sub-Inspectors under Police Regulations of Bengal is governed by Regulation Nos. 834(b), 835 and 836 of the Police Regulations. Under the aforesaid Regulations so far as Sub- Inspectors are concerned it has been provided as follows :- "834(b)-The Inspector-General may also transfer subordinate officers throughout the general police district. Regulation 835 provides as follows :- , "835. General "instructions regarding transfer of subordinate police officers.-(a) All police officers under s. 22 of the Police Act, 1881, may be employed as such in any part of the general police district. But as a general rule, police officers other than Inspectors shall be considered to belong to the district in which they are serving. b) The number of transfers should be reduced to a minimum. The exigencies of sickness, leave, promotion, retirements, serious misconduct and other unpreventable causes make a certain number of changes unavoidable. All the more therefore is it incumbent of Superintendents and Deputy Inspectors-General to abstain from making transfer, particularly transfers of officers in charge of investigating centres, when such transfers can be avoided, c) Officers who are granted leave shall, on the expiry of their leave, ordinarily be sent back to the station from which they took leave, unless they have completed their full period of service there as laid down In regulation 836, "836. Periodical transfers of subordinate police officers-(a) The following rules shall be observed regarding the period Inspectors. Sergeants, Sub-Inspectors, Assistant Sub-Inspectors, head 'constables, naiks and constables shall remain in one district, sub-division, police-station or outpost, Court or Reserve office or on guard duty :- * * * *** Sub-Inspectors- There is no limit to the period for which a Sub-Inspector may remain in one district. Ordinarily no Sub-Inspector shall remain at one police station or outpost, Court or Reserve office for more than three years or in the Railway Police for more than five years; but the period may be prolonged for special reasons to be recorded as a district order." 2.
Ordinarily no Sub-Inspector shall remain at one police station or outpost, Court or Reserve office for more than three years or in the Railway Police for more than five years; but the period may be prolonged for special reasons to be recorded as a district order." 2. It appears from the aforesaid provisions that the police officers other than Inspectors shall be considered to belong to the District to which they are serving. It is also clear from Regulation 836 that there is no limit to the period for which a Sub-Inspector may remain in one district. However, under Regulation 834(b) the Inspector General may also transfer subordinate officers throughout the general police district. Therefore, the power has been conferred upon the inspector General only to effect Such transfer of subordinate officers from one district to another. The learned Advocate for the respondents has produced the necessary file wherein it appears that the instant order of transfer has been signed by the Assistant Inspector General or Police. The learned Advocate for the respondents refer to Standing Order no.1 of 1987 whereby the allocation of duties has been made in super-session of the previous standing orders. The said document under item 4(i) show that A.I.G.(A) has been allocated the duties like transfer, posting and departmental training and examination of police officers and men from SIs downwards (excluding MT/WT and Arms). Such standing orders can be issued by the Inspector General of Police under Regulation 35 of The Police Regulations, Bengal. The said Regulation 35 provides as follows ;- "35. Power of Inspector-General-(a) The Inspector-General is authorised to issue, without reference to the Provincial Government standing or general orders either on matters of routine or to simplify or explain previous orders, but shall issue no standing order that deals with a point of law until it has been approved by the Legal Remembrance. All such orders shall be published as police orders in the Police Gazette, and the approval of the Provincial Government shall be obtained subsequently for the incorporation of any of them in the Police Regulations. 3. It is clear that the said standing order refers to routine transfers only and not to exceptional transfers of a Sub-Inspector of Police from one district to another which can only be exercised by the Inspector General.
3. It is clear that the said standing order refers to routine transfers only and not to exceptional transfers of a Sub-Inspector of Police from one district to another which can only be exercised by the Inspector General. Therefore the contention of the learned Advocate for the respondents that even though the said order of inter district transfer has not been passed by the Inspector General of Police, the Inspector General bas allocated the same to the Assistant Inspector General and he has exercised the function and as such there is no wrong therein, cannot be accepted. In my opinion what has been allocated is the routine transfer of the Sub-Inspectors of Police and not a case of inter district transfer which can only be exercised by the Inspector General of Police. Nothing has been produced to show that the Inspector General had applied his mind or himself passed such order of inter district transfer in the instant case. 4. For the aforesaid reasons the writ petition succeeds. The impugned order of transfer dated 29th August, 1990 which is annexure "E" to the writ petition so far as the writ petitioner is concerned stands quashed and set aside. T his will, however, not prevent the respondent authorities to transfer the petitioner in accordance with law either within the district or outside the district as the respondents may be advised. The leave of absence of the petitioner should be regularised in accordance with law and the petitioner may be paid his salary forth with. 5. The writ petition is disposed of as above without any order as to costs. Let a xerox copy of the operative portion of this judgment be given to the learned Advocate for the petitioner on payment of usual charges and on an undertaking to obtain a certified copy of this judgment. Petition allowed; order of transfer quashed.