Sudhir Narain, J. - (1.) THE petitioner seeks a writ of certiorari to quash the order of transfer dated 19-9-1994.
(2.) THE petitioner was functioning as the Station Officer, P. S. Birnu, district Ghazipur. He has been transferred to the Head Quarters G.R.P. for further posting in the Moradabad section of G.R.P. of 19-9- 1994. Learned Counsel for the petitioner has urged that the petitioner was working as Station Officer. He is in Civil Police and cannot be trans ferred to Government Railway Police (in short G.R.P.). The Police Force consists of Provincial Police, Civil Police, Armed and Mounted and the Government Railway Police. The cadre of each police is different. Regula tion 4 defines Civil Police. G.R.P. is separate and governed by Railway Police Manual. The petitioner could not, therefore, be transferred to G.R.P. In Writ Petition No. 30584 of 1993-Shi Kailash Nath Yadev v. U. P. Police Head Quarters, Allahabad through D, I. G. Head Quarters, Allahabad and others, this Court has held that a Civil Police can be transferred to G.R.P. Regulation 525 oi U. P. Police Regulations permits the transfer of the police personnel from one branch to another. The Civil Police can be transferred to G.R.P.
(3.) IN view of the above decision the argument of the learned Counsel for the petitioner that a Civil Police cannot be transferred to G.R.P. is untenable. The second submission of the learned Counsel foe the petitioner is that the petitioner was posted as Station Officer at Police Station Birnu, district Ghazipur. He was getting special allowance. This amounts to punishment and unless he has given consent for such transfer to G.R.P. he could not have been transferred. He has placed reliance upon Deputy Inspector General of Police and another v. Ram Iqbal Tiwari, 1975 ALJ 223, wherein the Court held that where an incumbent is removed from the office of special emolument without being given an opportunity of hearing, the order is vitiated as violates the principles of natural justice. The order amounts to a punish ment under Section 7(d) of the .Police Act. Section 7 of the Police Act, 1861 provides the various punishment which may be imposed against a Police Officer. One of the punishment under Section 7(d) is removal from any office of distinction or Special emolument.;