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| HC declines to stay transfer order of a Cop | | | Early Times Report
Jammu, Sept 08- Justice Mohammed Yaqoob Mir of Jammu and Kashmir High Court today declined to stay the transfer order of a cop involved in criminal case and placed under suspension.
Disposing off a petition challenging the transfer order from security wing to armed police, Justice Mir, after considering the submissions made by Advocate Veenu Gupta, appearing for the petitioner, observed that since the petitioner has been transferred and relieved, it shall not be proper to stay such orders, but however in order to fulfill the objective of sub rule 2 of Rule 356 of police rules, it shall be desirable for DGP to reconsider transfer of petitioner, in terms of Sub Rule 2 of Rule 356 of the Police Rules.
Advocate Veenu Gupta appearing for the petitioner submitted that in terms of the police rules, the petitioner should not have been transferred to a place where from it shall not be possible for him to defend his enquiry initiated against him.
After hearing the counsel for the petitioner Justice Mir directed for reconsideration of transfer order of the petitioner and ordered that the exercise shall be completed within a period of two weeks and result communicated to the petitioner. Till the matter is reconsidered the petitioner is expected to be retained in police lines Jammu, Court observed.
The petitioner was placed under suspension on May 22, 2009 for unauthorized absence amounting to gross misconduct and dereliction of duty. Subsequent to the passing of general transfer order of August 18, 2009, petitioner Pawan Kumar was also transferred and relieved on August 28, 2009. (JNF)
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