S.C. Mathur, A.C.J. - (1.) THIS Special appeal relates to transfer of a Government servant from one district to another. His challenge against the transfer order has failed before the learned Single Judge. He has, accordingly, preferred the instant appeal.
(2.) BY order dated 3rd May, 19.93 the Deputy Inspector General of Police (Personnel) U.P. Police Headquarter, Allahabad, (for short 'DIG PHQ), transferred the Appellant from Maharaj Ganj to Lucknow. At Maharaj Ganj he was posted as Stenographer to the Superintendent of Police. At Lucknow he has been posted at Radio Headquarters. The aforesaid transfer order was challenged by the Appellant on the ground that the DIG PHQ had no jurisdiction to pass the transfer order and the delegation of power in his favour was invalid. The learned Single Judge was of the opinion that there was no lack of power in the DIG PHQ and, therefore, the order of transfer was not invalid. The learned Single Judge has referred to the fact that prior to 6th September, 1966 clerical/ministerial staff working in various offices of the police department, were not part of the police force of the State and accordingly such staff was not governed by the provisions of the U.P. Police Regulations but with effect from the said date the ministerial/clerical staff also become part of the police force of the State and come to be governed by the U. P Police Regulations and under the U.P. Police Regulations it was permissible for the DIG PHQ to pass the transfer order.
(3.) IN the instant appeal the learned Counsel for the Appellant has reiterated the pleas raised by him before the learned Single Judge. We have heard him at some length.;