- (1.) Present appeal is filed under Chapter VIII Rule -5 of the High Court Rules against the judgment and order dated 4.8.2011 passed by Hon'ble Single Judge in writ petition No. 4762 (S/S) of 2011 by which the writ petition has been dismissed, where a plea was taken that persons working in civil police for more than 10 years cannot be transferred to G.R.P.
(2.) Heard learned counsel for the appellant and the learned counsel for respondents.
(3.) It has been submitted by learned counsel for appellant that there is conflict between two judgments passed by Division Bench of this court i.e Special Appeal No. 723 of 2009 Vinod Kumar Pandey Vs. State of U.P. And others decided on 15.7.2009 and Special Appeal No. 392 of 2009 Mahboob Alam and others Vs. State of U.P. Decided on 27.7.2009. The relevant portion of the judgment in Special Appeal No. 392 of 2009 is reproduced hereunder: "She has further submitted that in case such an interpretation is given, it would mean that the police constable who have put in more than 10 years of service in a particular branch, he or she is immune from transfer to any other branch and even the Director General of Police cannot do so. Submission is that it is in the interest of police discipline as well as for maintaining law and order as well security, such transfers are made and there cannot be a complete embargo in exercise of such power. Regulation 525 is reproduced below:- "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 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 the 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." Learned Counsel for the appellant has placed reliance upon the case of Jasveer Singh versus State of U.P. and others i.e. Civil Appeal No.622 of 2008 dated on 23.1.2008 wherein the apex court while considering meaning and import of Regulation 525 of the U.P. Police Regulations has observed that Regulation 525 of the aforesaid Regulations is in two parts. The first part relates to the police constables and the second part relates to the police officers. The Court has further observed that second part in which power has been conferred for transferring any police officer, in all other cases, which are not covered by first part, can be exercised with the approval of the Inspector General of Police (now the Director General of Police), is not applicable in the case of police constables which are governed by separate part of the Regulations namely; first part of the Regulations. In view of the judgment of the Apex Court, it cannot be said that the appellants who are constables, having put in more than ten years of service in Civil Police could have been transferred under second part of Regulation 525 of the aforesaid Police Regulations with the approval of the Deputy Inspector General of Police, even if it is assumed that the delegation of power made in his favour was correct. The special appeal is allowed. The order dated 9th October, 2007 passed by the learned Single Judge as well as the order of transfer of the appellants are hereby quashed.";