Ahmedabad: The Gujarat high court quashed the transfer of a cop facing a corruption case to another district, stating that such a transfer can be allowed only for administrative exigency. The Anti-Corruption Bureau (ACB) filed a criminal case against head constable Chandravijaysinh Zala from Jamnagar district in 2020 for alleged corruption. Following this bribery case, Zala was transferred from Jamnagar district to Vadodara district. A year later, Zala challenged his transfer in the high court and contended that the govt is entitled to transfer a police constable in case of emergent exigency prevalent at the place of transfer in public interest.He added that this must be done under Section 28 of the Bombay Police Act and Rules 152 and 153 of the Bombay Police Rules. However, none of these requirements applied in this case, and the constable described his transfer decision as arbitrary, illegal, and without jurisdiction. It was also submitted that the procedure requires the transfer order to mention the period for which such transfer was effected, and that, at the end of such emergent administrative exigency, the cop is required to be sent back to his parent cadre. Zala submitted that he was transferred not due to such administrative exigency, but because of the corruption case against him.The govt defended its decision and submitted that a chargesheet had been filed against Zala. The prosecutor placed a note mentioning that he was transferred in accordance with a guideline issued by the DGP in 2006. Rejecting this contention, Justice Nirzar Desai stated, “The bare reading of the said note only indicates that it is a guideline issued from the office of respondent No. 2 (DGP) and it runs contrary to the said provisions of law referred to hereinabove. It is trite that any executive instruction issued which runs contrary to the statutory rules framed under Article 309 of the Constitution of India, such circular/instructions/guideline of the executive has no binding force.“The HC further said, “I am of the view that the petitioner could not have been transferred to Vadodara district from his parent district without there being any emergent administrative exigency, as not recorded by respondent No. 2 (DGP) when the impugned order dated Jan 18, 2020, was passed.”As the govt apprehended that the policeman could influence the trial, the HC permitted it to transfer Zala away from Jamnagar city or from the place where the trial takes place.
