P. K. Mukherjee, J. - (1.) ALTHOUGH this petition is appearing for admission out by the consent of both the parties, petition is taken up for hearing and final disposal.
(2.) SRI Rajesh Pathik, learned counsel appearing for the petitioner in support of instant writ petition submitted that by two impugned orders dated December 4, 1989 and October 30, 1.990 passed by the Superintendent of Police Railway, Agra, contained in Annexure-III and III-A, by which the petitioner who was promoted to work as Head Constable, on the basis of his good record of service, has been reverted back to the post: of constable. It is the case of the petitioner that, petitioner was promoted to the post of Head Constable in terms of Para 455 of U. P. Police Regulations 1976 corrected up to 1982. Learned counsel for the petitioner further contended that in order to accommodate any Head Constable, selected on the basis of provisions f Para 454 of the aforesaid regulations, petitioner can be reverted back to the post of Constable for lapses on his part.
(3.) LEARNED standing counsel, appearing on behalf of police authorities submitted that this Court has to make harmonious construction with both the paragraphs namely, Paras 454 and 455 and pass appropriate order considering the exigencies of this case. It appears from the facts of this case that although the petitioner was reverted originally from the post of Head Constable to the post of Constable on September 9, 1986 but was again promoted to the post of Head Constable on January 6, 1989. From this fact it appears to this Court that respondent authorities, including Superintendent of Police, Railway Agra are not aware of the legal implication of the effect of the aforesaid two provisions of Paras 454 and 4554)of the U. P. Police Regulations, 1976.;