SUDHIR AGARWAL, J. - (1.) THE impugned order dated 15.6.2005 passed by the Deputy Inspector General of Police, Establishment, U.P. Police Headquar­ters, Allahabad [hereinafter referred to as the "D.I.G. (Establishment)"] transfer­ring the petitioner, who is working as Assistant Sub-Inspector (Ministerial) in Civil Police Ghazipur having been transferred from Civil Police Ghazipur to P.T.C. Moradabad (P.A.C.) has been assailed in this writ petition mainly on the ground that it is in violation of Regulation 525 of U.P. Police Regulations (hereinafter referred to as the "Regulations"), inasmuch as no prior sanction of Inspector Gen­eral of Police has been obtained by the D.I.G. The other ground is that Regulation 525 is a self contained provision providing for the conditions in which a constable and police officer can be transferred and if the matter is not covered thereunder, a constable and police officer cannot be transferred at all and for this purpose reli­ance is placed on the Apex Court's decision in Jasveer Singh v. State of U.P. and others, 2008(2) ADJ 484 (SC).
(2.) THE facts, in brief, giving rise to the present dispute are that the petitioner was posted as Assistant Sub-Inspector (Ministerial) [hereinafter referred to as the "ASI(M)"] in Civil Police in the office of Superintendent of Police, Ghazipur in the year2000. Vide order dated 15.6.2005 the D.I.G (Establishment) transferred him at PTC Moradabad. The petitioner said to have made a representation against the said transfer requesting the authority concerned to allow him to stay at Ghazipur which was considered and thereafter D.I.G. (Establishment) vide order dated 31.1.2006 allowed him to stay at Ghazipur till 31.5.2006 and the transfer order dated 15.6.2005 accordingly was deferred till 31.5.2006. After expiry of the above period, the petitioner, it appears, made further representation and accordingly the aforesaid order of transfer was deferred till 30.5.2007 vide D.I.G. (Establishment's) order dated 1.8.2006. After expiry of the aforesaid period the petitioner has now been relieved by the Superintendent of Police, Ghazipur vide order dated 19.9.2008 directing the petitioner to join at PTC Moradabad. Hence this writ petition. Having heard Sri Vijay Gautam, Advocate for the petitioner and learned Standing Counsel for the respondents, I am not inclined to interfere in the im­pugned order of transfer for reasons more than one.
(3.) THE order having been passed on 15.6.2005 and the petitioner's request to stay for sometime at Ghazipur was twice accepted by the authorities concerned, I do not find any reason to permit the petitioner now to retract by challenging the very order which he chose not to challenge as such for more than 3 years back when the said order was passed. Moreover, the aforesaid order was suspended by the D.I.G (Establishment) initially up to 31.5.2006 and thereafter up to 30.5.2007 and there is nothing on record to show that thereafter also it was stayed by the competent authority yet the petitioner has not approached this Court challenging the same for the last more than a year. The relieving order passed by the Super­intendent of Police is only for the compliance of the aforesaid order of transfer and that by itself would not explain laches on the part of the petitioner. The petitioner, therefore, ex facie being guilty of laches is liable to be non suited.;