TMI Blog2010 (10) TMI 1203X X X X Extracts X X X X X X X X Extracts X X X X ..... les, Head Constables, Exemptee Head Constables, Assistant Sub-Inspectors and Sub-Inspectors (hereinafter in short as ASI and SI, respectively). They were ordered to be transferred to other districts and ranges by the Inspector General of Police. The respondents challenged the transfer orders contending that in view of the Punjab Police Rules so far as Constables, Head Constables and Exemptee Constables are concerned, they could not be transferred outside the district, and so far as ASI and SIs are concerned, they could not be transferred outside the range. 5. This contention has been upheld by the Division Bench of the High Court and hence these appeals. 6. With respect, we are unable to agree with the High Court. 7. Section 1 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... administrative control of the police in the State is with the Inspector-General of Police (now the Director-General of Police). 11. We may now also consider the relevant Rules in the Punjab Police Rules 1934 (hereinafter referred to as the 'Rules'). Rule 1.4 of the Rules states as follows: Rule 1.4 - Administrative Division: - The districts of the province are grouped in Ranges and the administration of all police within each such range is vested in a Deputy Inspector General under the control of the Inspector- General of Police. The training school is under the district control of the Inspector-General subject to such delegation of powers as he may make to one or other of the range Deputy Inspector General. The Criminal I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... than that in which he is serving only with the sanction of the Deputy Inspector General of the range. In cases of transfer from and to districts in different ranges, or from and to districts in different ranges, or from and to the railway police, the sanction of both Deputy Inspector General concerned and the Superintendent of Police Railways is required. Rule 14/15 - 14.15(1) - All enrolled police officers are, under Section 22 of the Police Act, liable for service in any part of the general police district. 12. A perusal of the relevant provisions of the Police Act and the Rules thus clearly shows that the entire police establishment under the State Government is one integrated police force, though for better administration the Stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the opinion that more policemen are required in any particular district and/or another range than in another, depending upon their assessment of the law and order situation and/or other considerations. These are purely administrative matters, and it is well-settled that Courts must not ordinarily interfere in administrative matters and should maintain judicial restraint vide Tata Cellular v. Union of India AIR 1996 SC 11. 15. The High Court in the impugned judgment has relied upon the decision of this Court in Jawaharlal Nehru University v. Dr. K.S. Jawatkar and Ors. (1998) Supp. 1 SCC 679. After carefully considering the said decision we are of the opinion that it has no relevance in the present case. In that decision the facts were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation cannot function with its hands tied by judiciary behind its back. As Justice Holmes of the US Supreme Court pointed out, there must be some free-play of the joints provided to the executive authorities. 17. This Court also held in Divisional Manager, Aravali Golf Club and Anr. v. Chander Hass and Anr. JT 2008 (3) SC 221 and Common Cause v. Union of India and Ors. (2008) 5 SCC 511 that Judges must observe judicial restraint and must not ordinarily encroach into the domain of the legislature or the executive. 18. For the foregoing reasons, these appeals succeed and are hereby allowed. The impugned judgment of the High court is set aside and the writ petitions before the High Court stand dismissed. No costs. - - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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