- (1.) HEARD Sri Shashi Nandan appearing for the petitioner and the learned Standing Counsel for the respondents.
(2.) THE petitioner, by means of this writ petition, has challenged the order dated 19. 11. 2007, whereby the petitioner, who is under suspension, has been repatriated from L. I. U. to Civil Police and is posted in the district Basti.
(3.) LEARNED Counsel for the petitioner submits that this order of repatriation is in contravention of the provisions of Regulation No. 525 of the Police Regulations. The provision of police regulations has not been demonstrated to have any statutory force. They are supposed to be administrative instructions or administrative orders for guidance to the authorities. The Hon'ble Apex Court in the case of Chief Commercial Manager, South Central Railway, Secunderabad and others v. G Ratnam and others, (2007) 8 SCC 212 (para 20)= 2007 (58) AIC 55 (SC ). has held as under:- "20. It is well settled that the Central Government or the State Government can give administrative instructions to its servants how to act in certain circumstances; but that will not make such instructions statutory rules which are justiciable in certain circumstances. In order that such executive instructions have the force of statutory rules, it must be shown that they have been issued either under the authority conferred on the Central Government or the State Government by some statute or under some provision of the Constitution providing therefor. Therefore, even if there has been any breach of such executive instructions that does not confer any right on any member of the public to ask for a writ against the Government by a petition under Article 226 of the Constitution of India. ";