S. R. Singh, J. - (1.) PETITIONER, who is serving as S.I. (M) was posted as Accountant in the office of Senior Supdt. of Police Gorakhpur. By means of the order dated 5-5-1993, he was transferred from Police Office to the Unit of P.A.C. stationed at Gorakhpur. The said transfer was impugned in a writ petition filed in this court on the grounds that it had been made in breach of the Government order dated 9-7-1991 (Annexure-2) spelling out the transfer policy. According to the petitioner, having already served in P.A.C. for about nine years in two spells-from 17-7-1979 to 10-9-90 in the first spell and 2-8-1986 to 10-9-1990 in the second spell in accordance with the circular dated 9-12-1985 issued by Inspector General of police (Personnel) U. P. Lucknow, he was not liable to be transferred again from the Civil Police to P.A.C. and that there was no justification for his transfer within three years of his present place of positing. The said writ petition was finally disposed of by means of the order dated 4-6-1993 studded with the observations that in case the petitioner chose to prefer a representation, the 'appropriate authority' would traverse upon the grievances of the petitioner and pass a reasoned and speaking order disposing of his representation. While disposing of the writ petition, the operation of the transfer order dated 5-5-1993 was stayed initially for 15 days and if a representation was filed within that period, the transfer order was to remain in abeyance, until the disposal of the representation by the 'appropriate authority'.
(2.) THEREAFTER, on 15-6-1993, the petitioner preferred a representation to the Inspector General of Police (Karmik) U. P. Lucknow with the request/prayer to rescind the transfer order dated 15-5-1993. The said representation was filed through proper channel in pursuance of the order dated 4-6-1993 passed by this Court. A copy of the same was attached to the representation aforesaid. It would transpire from a perusal of the facts on record that on 19-6-1993, the Dy. Inspector General of Police (Karmik) Allahabad, passed the following order which has been extracted in para 23 of the writ petition and the same is quoted below for ready reference : "Order regarding transfer of S.I. (M) Accountant Sri Gopal Jee Srivastava from District Gorakhpur to P.A.C. issued vide P.Hg. orders of even No. dated 5-5-1993 is stayed upto 31-12-1993." The Inspector General of Police (Karmik) U. P. Lucknow as would appear, rejected the said representation by order contained in D. C. letter No. D.C. Four-115 (58)-93 dated 27-4-11994 communicated to the petitioner by the Senior Supdt. of Police Gorakhpur vide letter dated 3-5-1994 annexed as Annexure-7 to the writ petition on the premise that the 'Competent Authority' for the purpose was the Deputy Inspector General of Police, who in consideration of the petitioner's representation had already stayed the transfer of the petitioner till December 31, 1993. The Ist respondent seems to have taken the view that since the High Court had required the 'Competent Authority' to dispose of the representation any order by the Inspector General of Police (Karmik) U. P. Lucknow in exercise of the appellate power was not warranted.
(3.) I have heard the learned counsel for the petitioner as also the Learned Standing Counsel. The Learned Standing Counsel has opened not to file any counter affidavit reckoning with the fact that only legal questions have been pressed into service for determination. Having heard the learned counsel for the petitioner, I veer round to the opinion that the impugned order dated 3-8-1994 is not sustainable in law Inasmuch as in my considered opinion the Inspector General of Police (Karmik) U. P. Lucknow, has illegally refused to exercise the jurisdiction vetted in him by law. The expression 'appropriate authority' used in the Court's order dated 4-6-1993 in relation to a person aggrieved by a transfer order passed by Deputy Inspector General of Police, includes the authority vested with the supervisory powers in the matters of transfer. The Inspector General of Police was under a duty to apply his mind and give due considerations to the points agitated by the petitioner in his representation dated 15-6-1993. Regulation 1-A of the U. P. Police Regulations as inserted by SC. No. 708/8-7-175-1 (Greh Police) Anubhag-7 dated July 8, 1991, leaves no manner of doubt that the Additional Inspector General of Police and for matter of that the Inspector General of Police (Karmik) is vested with the supervisory power of control in respect of his zone and has in that capacity the power to issue appropriate guidelines to be abided by the Deputy Inspector General of Police of his Zone in respect of the matter pertaining to transfer of non gazetted officers besides other matters enumerated in Regulation 1-A, There is no denying the fact that Additional Inspector General of Police, exercises the power of Inspector General of Police and for the purposes of Regulation I-A of the U. P. Police Regulations, the Inspector General of Police was the 'Appropriate Authority' to entertain and decide petitioner's representation dated 15-6-1993 on its intrinsic merits and in fact, the representation was addressed and sent to him vide S.S.P's letter dated 23-6-1993.;