The division bench of Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala has also directed Additional Director General of Police (Administration) to file his reply.
The petitioner, head constable Haroon Yusufbhai Kadiwala, has challenged the order of Singh refusing to transfer him from Himatnagar to Surat, despite the High Court's order.
As per the petition, Kadiwala had joined the police force as constable on February 11, 1989, and was initially posted at Chowk Bazar police station at Surat and thereafter was posted at MOB Fingerprint and Traffic Branch, Kapadara police station in Surat.
Thereafter, he was posted at Khatodara police station as unarmed head constable.
By order dated March 23, 2010, issued by Police Commissioner of Surat city, he was transferred from Khatodara police station in Surat to Himatnagar in Sabarkantha district, even though there was no such request made by him, claimed the petitioner.
He challenged the transfer following which a division bench of High Court had granted his prayer on April 12 last year and directed the authorities to take proper decision within ten days, said his lawyer S H Iyer.
But, Additional DGP issued another order, saying that Kadiwala could not be sent back to Surat as a departmental inquiry was pending against him there.
This was a breach of High Court's order, the petition claims.
The next hearing in the case is on February 25.
