Chandigarh: Punjab and Haryana high court has stayed the transfer of a head constable from Punjab Bureau of Investigation (BoI) to crime zone, Amritsar, and issued a show-cause notice to the bureau’s director, asking why contempt proceedings should not be initiated against him for defiance of an earlier court order.Justice Namit Kumar, while hearing a petition by Varinder Singh, observed that the sequence of events raised serious questions over compliance with the court’s Aug 27 order, which had stayed Singh’s repatriation to his parent department.The court observed that the director, Bureau of Investigation, Punjab, “prima facie” appeared to have committed “wilful disobedience and defiance” of its Aug 27 order.The director has been asked to explain the circumstances and basis for issuing the fresh transfer order despite the subsisting stay.Singh had earlier challenged an Aug 19 order by BoI director repatriating him to Punjab Armed Police. The court had stayed the order on Aug 27. According to Singh’s counsel, he submitted his joining report on Aug 28 but was not allowed to join duties.He subsequently moved an application seeking initiation of contempt proceedings. The application came up before the court on Sept 8, when the state sought time to obtain instructions.Meanwhile, Singh had applied for casual leave for Sept 8. His counsel told the court that he was called to the office that afternoon and directed to report immediately.Singh reached the office, following which his joining was recorded in daily diary register. About five minutes later, a fresh transfer order was issued, directing him to join crime zone, Amritsar, the next morning.The court noted that the circumstances prima facie indicated that Singh may have been targeted and subjected to the subsequent action on account of his having approached the court against his repatriation.The court stayed the Sept 8 transfer order and directed the respondents not to transfer Singh anywhere else without its permission. The matter has been listed for Oct 27 and will be heard along with Singh’s earlier petition.Singh, a head constable in Punjab Armed Police, was sent on deputation to Bureau of Investigation in August 2022. He is seeking permanent absorption in the bureau under Rule 9(1) of the Punjab Police Investigation Cadre (Sub-ordinate Ranks) Service Rules, 2020.His counsel had earlier submitted that Singh was given different postings at four places/seats within seven months and was placed under suspension in February before the suspension was revoked. Counsel had further submitted that Singh’s absorption case was under consideration with Police Department, but he was “wrongly singled out” and sent back to his parent department while similarly situated personnel continued with Bureau of Investigation.Ends
