- (1.) D. K. Seth, J. The order of transfer dated 5-6-1997 contained in Annexure-3 to the writ petition, is under challenge.
(2.) MR. Rajendra Narayan, learned Counsel for the petitioner, assails the order impugned on the grounds, firstly, that the transfer being a transfer from one region to another region, it is to be done only by the Inspector deneral of Police (Headquarter) in view of Regulation I-A (i) and therefore Inspector General (Zone) is incompetent to pass the said order of transfer in view of the said regulation; secondly, that the petitioner was originally posted in Oarhwal Region and on his application on the ground of his ailment, he was transferred to plain at Ghaziabad, In case he is again trans ferred to Garhwai region as has been sought to be done by the impugned order, his life would be in danger. Certain medical certifi cates have been relied on by the petitioner in support of this contention. Learned Counsel for the petitioner submits that the petitioner is prepared to go on transfer any where in the State of U. P. except to any hill region. Mr. D. R. Choudhery, learned Addl. Chief Standing Counsel on the other hand, contends that Regulation 1-Ahas to be read with Regulation 520 of the Police Regula tion. In view of Regulation 520, it is the Inspector General (Zone) who is com petent to affect inter-regional transfer. Ac cording to him, there is no infirmity in the order impugned and the order is by the authority competent to do so. In regard to second point, Mr. Choudhery submits that if suitable representation is made by the petitioner in this regard, the same may be considered by the authority concerned. After having heard learned Counsel for the parties, it appears that by virtue of Regulation 1-A of the Police Regulation, certain powers were given to Additional In spector General. The said provision con tains that Addl. Inspector-General shall have power to transfer non-gazetted officers of the region under them. The inter-region transfer will be done at the Police Head Quarter level. The said regulation pre-sup-poses that the Additional Inspector General was Incharge of the region and they could transfer officers intra region, but inter-region transfer was to be made by the Police Headquarter. Now on account of phenomenal increase of the post, change in administrative set up and allocation of busi ness having been effected, the post of In spector General is now being held by Direc tor General of Police, who is over all in-charge of the whole force, whereas Inspec tor General has been entrusted with dif ferent zones consisting of certain regions. It is admitted by the learned Counsel for parties that a zone consists of several regions and the transfer is within the zone, then it cannot be said that the Inspector General is not competent to pass the order in view of Regulation l-A (i ). Police Headquarter was used in the said regulation at a point of time when the Additional Inspector General was Incharge of the region. Be that as it may, Regulation 1 -A cannot be read independent of Regulation 520 contained in Chapter 34, which deals with transfer. A particular Chapter having been assigned for a par ticular purpose namely transfer, the same would prevail, if there is any contradiction in between the two provisions, though in my view there is no contradiction in the said two provisions. If the two provisions are recon ciled and read together, in that event as it appears from Regulation 520, there is no difference in between. In Regulation 520 same situation subsists namely it proceeds on the basis that Inspector General is In charge of the whole force. Regulation 520 prescribes that Inspectors, Sub-Inspectors, Head Constables and Constables within the range can be transferred by the Deputy In spector General of the Range. Both the counsel admit that range and region are synonym. Deputy Inspector General is In charge of a region and is serving under In spector-General of the zone, under whom there are certain regions or ranges. There fore, the posting and transfer of constables can very well be made within the zone by the Inspector-General (Zone ). Therefore, the first point as contended by Mr. Narayan cannot be sustained.
(3.) SO far as the second point is con cerned, on the basis of the medical certifi cates annexed, it is not possible to conclude that ailment of the petitioner is so serious that he is unable to withstand cold and height of the hill-region. Under the cir cumstances, it would be open to the petitioner to make suitable representation in this this regard before the Inspector General (Zone) within a period of three weeks from date. If such representation is made, in that event the petitioner should be got examined by the Chief Medical Of ficer for ascertaining as to whether he is unable to withstand cold and height of Gar- wal region. If it is found that he is indeed unable to withstand cold and height of the hill region, then the Inspector-General (Zone) shall consider the question of petitioner's transfer to any other place other than hill regions. Such consideration is to be effected as early as possible preferably within a period of four months. Till such decision, the petitioner shall not be compelled to join the transferred post. With the above observations, this writ petition is finally disposed of. No order as to costs.;