Civil Misc. Writ Petition Nos. 56469, 53087, 57121, 57420 and 61247 of 2012. Case: Dev Nandan Upadhyay and Another Vs State of U.P. and Others. High Court of Allahabad (India)
| Case Number | Civil Misc. Writ Petition Nos. 56469, 53087, 57121, 57420 and 61247 of 2012 |
| Counsel | For Appellant: Vijay Gautam and Gulab Chandra, Advs. And For Respondents: C.S.C. |
| Judges | Tarun Agarwala, J. |
| Issue | Service Law |
| Citation | 2013 (2) ADJ 365 |
| Judgement Date | December 06, 2012 |
| Court | High Court of Allahabad (India) |
Judgment:
Tarun Agarwala, J.
1. The petitioner is a sub-inspector in the police force and has been transferred by the impugned order from Civil Police to GRP. The petitioner, being aggrieved by the transfer order, has filed the present writ petition on the limited ground that no sanction was obtained from the Director General of Police, which is a mandatory requirement contemplated under the second part of Regulation 525 of U.P. Police Regulations. A counter-affidavit has been filed and with the consent of the parties, the writ petition is being decided at the admission stage itself. For facility, Regulation 525 of the U.P. Police Regulation is extracted hereunder:
525. Constable of less than two years' service may be transferred by the Superintendent of Police from the armed to the civil police or vice versa. Foot police constables may be transferred to the mounted police at then-own request. Any civil police constable of more than two and less than ten years; service may be transferred to the armed police and vice versa by the Superintendent of police for a period not exceeding six months in any one year. All armed police constables of over two years; service and civil police constables of over two and under ten years' service may be transferred to the other branch of the force for any period with the permission of the Deputy Inspector General.
In all other cases for transfer of Police officers from one branch of the force to another or from the police service of other provinces to the Uttar Pradesh Police requires the sanction of the Inspector General.
2. The entire plank of the petitioner is, that the second part of Regulation 525 contemplates that a police officer can be transferred from one branch of the force to the another branch only with the sanction of the Inspector General, now called the Director General of Police.
3. The learned counsel for the petitioner contended that the impugned order has been, passed by the Deputy Superintendent of Police, Establishment on behalf of DIG, Establishment and that no sanction has been obtained from the DGP. Consequently, the transfer order is ex facie illegal and has been passed without any authority of law.
4. The second part of Regulation 525 refers to police officers. The question is, whether a Sub-inspector falls under the category of a police officer or not. In the matter of Jai Narayan Prasad v. State of U.P. and others, 2008(9) ADJ 267, a learned Judge held that all the members of...
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