ASIF HUSSAIN Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
STATE OF UTTARAKHAND
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Sudhanshu Dhulia, J. -
(1.) HEARD Mr. Yogesh Pacholia, Advocate for the petitioner and Mr. Subhash Upadhyay, Standing Counsel for the State of Uttarakhand.
(2.) THE petitioner is a constable in Uttarakhand Civil Police. He is aggrieved by two orders both passed on 24.5.2013. By the first order dated 24.5.2013 he has been transferred from Uttarakhand Civil Police to Uttarakhand Armed Police and then by a separate order, though passed on the same date i.e. 24.5.2013, the Senior Superintendent of Police, District Udham Singh Nagar has transferred the petitioner from Udham Singh Nagar to Pauri Range. The petitioner is aggrieved by both these orders and has challenged the same before this Court. The principal ground of challenge by the petitioner before this Court is that the petitioner has been working as a constable in Uttarakhand Civil Police since 2001 and by now he has put in about 12 years of service. Although entire Police Department is one force having different units, but transfer from one unit to another is subject to Regulation 525 of Police Regulations. The contention of the petitioner is that Regulation 525 of Police Regulations is divided into two parts. The first part which is main part refers to transfer of constable from one branch to another which can be done within 10 years of service and after 10 years of service such a transfer can be done only regarding an officer which is referred to in the second part of Regulation 525 of Police Regulations.
(3.) REGULATION 525 of Police Regulation reads as under: - -
"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 their 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.'";
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