- (1.) RAKESH Tiwari, J. This petition arises out of order dated 26-8-2000 by which representation of the petitioner seeking repatriation to Civil Police in pursuance of Government policy has been rejected.
(2.) THE petitioner was initially appointed as Sub-Inspector in the department of Police (Civil Branch) in 1982. He was transferred to Local Intelligence Unit at Muzaffarnagar and he has been working in Local Intelligence Unit for more than 16 years. He made an application for being repatriated back to Civil Police on the ground that he was transferred to local Intelligence Unit without his consent for transfer. When no order was passed on his application, the petitioner moved this Court by means of Civil Misc. Writ Petition No. 13430 of 2000 which was disposed of vide judgment and order dated 16-3-2000 with a direction to the respondents to decide representation of the petitioner. Pursuant to the order of the Court dated 16-3-2000, the representation of the petitioner was considered and was rejected vide order dated 26-8-2000 on the ground that the petitioner is suitable for services in Local Intelligence Unit. The contention of the petitioner is that the respondents have acted arbitrarily in denying benefit of policy decision and rejecting his representation on the ground that the benefit of transfer policy is to be given only to new comers. It is submitted that the transfer policy (Annexure No. 1 to the writ petition) does not contain any recital to the effect that the transfer policy is applicable to new comers only and that there is hostile discrimination with the petitioner and as such impugned order is liable to be set aside. He further submits that the case of the petitioner is squarely covered by Writ Petition No. 36250 of 1997 inre; Ashok Kumar Singh v. State of U. P. and others and Writ Petition No. 3042 of 2001 Ashok Kumar Singh v. Additional Director General of Police (Intelligence Department) Lucknow and others.
(3.) AGGRIEVED by the order dated 26-8-2000 by which the representation of the petitioner was rejected, he filed Writ Petition No. 45445 of 2000 for a writ of mandamus commanding the respondents to transfer him to Civil Police forthwith. It is contended on the basis of aforesaid two judgments that pursuant to the direction issued in Writ Petition No. 36250 of 1997 the Government framed policy dated 24-10-1999 in which it was held that a Sub-Inspector who is transferred from Civil Police to Local Intelligence Unit, cannot be retained in Local Intelligence Unit for more than 5 years and he has to be transferred back to Civil Police. It was further provided in the policy that the Sub-Inspectors can only be retained in Local Intelligence Unit if he gives his consent to continue there.;