Sudhir Agarwal, J. - (1.) HEARD Sri Vijay Gautam, learned counsel for the petitioner and learned standing counsel for the respondents. The argument advanced in this writ petition is that the police force, i.e., Civil Police and Government Railway Police are the same units and, therefore, transfer in the present case cannot be made in the light of Division Bench judgment of this Court in Vinod Kumar Pandey v. State of U.P. and others, : 2009 (6) ADJ 324 : 2006 (1) AWC 65.
(2.) TRACING with the history of constitution of police force, I find that a General Police Force was contemplated under Section 2 of Police Act, 1861 (hereinafter referred to as the "Act, 1861") which has to perform the different kinds of duties as assigned to them. Subsequently necessity felt for employment of police officials for specific or specialized jobs and therewith in the same General Police Force different branches were created and Government Railway Police Force is one of such separate branches of General Police Force, enrolled under Act, 1861. It became necessary in view of rules framed by Railway Board under Section 84 of Indian Railways Act, 1890, published vide notification dated 21.3.1923, which stood replaced and substituted by notification dated 19.3.1930 published in Gazette of India dated 22.3.1930. It was also facilitated by notification dated 1.4.1937 issued by Secretary to His Excellency the Crown Representative, in exercise of power conferred by Indian (Foreign Jurisdiction) Order in Council, 1937 extending the provisions of Act, 1861 to the land occupied by Railway lines etc. with certain modification. It reads as under: In exercise of the powers conferred by the Indian (Foreign Jurisdiction) Order in Council, 1937, and of all other powers enabling him in this behalf, the Crown Representative is pleased to apply to all the lands occupied for the time being by the railway lines and portions of railway lines specified in the schedule annexed hereto, including the lands occupied by stations, by outbuildings or for other railway purposes, the provisions of the Police Act, 1861 (V of 1861), for the time being in force in the United Provinces (now Uttar Pradesh) subject to the following modifications, namely: (i) Section 2 shall be omitted, (ii) the police force belonging to the United Provinces (now Uttar Pradesh) constituted in pursuance of the notification of the Government of India in the Home Department No. 447, dated the 6th March, 1912, shall be deemed to be the police force for the general police district comprising with the said lands, and (iii) the functions of the Provincial Government under the said Act and any other enactment relating to the police for the time being in force in that police district or any part thereof shall, subject to any orders which the Crown Representative may make in this behalf, be discharged by the Governor of the United Provinces (now Uttar Pradesh). The Government Railway Police, therefore, though constitute a separate branch but formed part of General Police Force. However, the situation deferred in respect to some other services where the State Legislature enacted separate statutes, namely, U.P. Pradeshik Armed Constabulary Act, 1948, U.P. Fire Services Act, 1944 and those enrolled under different statutes constitute different service altogether.
(3.) THE petitioner has been transferred by an order of Police Headquarter communicated through Superintendent of Police, Karmik, U.P. Police Headquarters, Allahabad vide letter dated 16.3.2013 from the post of Head Constable (Civil Police) to Government Railway Police at Amroha. The order of transfer has been passed with approval of Police Establishment Board.;