Ahmedabad: The Gujarat High Court has issued notices to Principal Secretary (Home) Sanjeev Kumar and DGP G.S. Malik (IPS: 1993: Gujarat), on a contempt petition filed by a police constable who alleged that he was not re-transferred to his original district despite an earlier High Court direction.
The petition was filed by Kameshkumar Govindbhai Makwana, who had challenged his transfer from Morbi district to Kutch (East). The matter was heard by a Bench of Justice N.S. Sanjay Gowda and Justice J.L. Odedra, which has sought a response from the concerned authorities by October 15.
Earlier HC Order Directed Re-Transfer to Morbi
In its August 3 judgment, the Gujarat High Court quashed the transfer order under which Makwana had been moved from Morbi to Kutch (East). The court noted that the November 30, 2024 transfer order did not record any emergent administrative exigency requiring his services in Kutch.
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The court examined Section 28 of the Bombay Police Act, 1951, along with Rules 152 and 153 of the Gujarat Police Manual, dealing with inter-district transfers of police personnel. It held that Makwana could not be transferred to Kutch from his parent district without the required emergent administrative circumstances being recorded.
The court consequently directed the concerned authority to pass an order re-transferring him from Kutch (East) to Morbi.
Constable Approaches HC Over Alleged Non-Compliance
Makwana subsequently approached the High Court through advocate Prashant Chavda, alleging that the authorities had not carried out the re-transfer directed in the August judgment.
The latest Bench has issued notices to the Principal Secretary (Home) and the DGP and sought their response by October 15.
Earlier Transfer Had Been Challenged Before High Court
Makwana’s original challenge arose after the DGP ordered his transfer from Morbi to Kutch (East) in November 2024, followed by an order from the Morbi Superintendent of Police in February 2025.
The High Court’s August ruling also considered the State’s reliance on a 2006 DGP guideline concerning transfers and found that the guideline could not override the applicable statutory provisions.
The contempt proceedings will now examine the authorities’ response to the earlier direction to re-transfer Makwana to Morbi.
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