Sunil Ambwani, J. - (1.) HEARD Shri Vijay Gautam, learned counsel for the petitioner. Learned Standing counsel appears for the respondents.
(2.) BY these writ petitions the petitioners serving as constables in civil police and posted at Ghaziabad have prayed for setting aside their transfer orders dated 2.1.2009 made by the Deputy Inspector General of Police, Meerut Zone-respondent No. 3; and the orders dated 6.1.2009 passed by the Senior Superintendent of Police, Ghaziabad-respondent 4 relieving the petitioners to join at the transferred places at Bulandshahar and Baghpat (within the Meerut Range, Meerut) by 8.1.2009. Learned counsel for the petitioner submits that the transfer orders have not been made or approved by the 'Police Establishment Board' constituted by the State Government in terms of the Government Order dated 12th March, 2008, in compliance of the recommendations of the judgment of the Supreme Court in Prakash Singh and others v. Union of India and others, (2006) 8 SCC 1. He submits that the transfer orders are thus violative of the directions of the Supreme Court and the orders of the State Government dated 12th March, 2008 constituting the 'Police Establishment Boards', in which in para 2, a Board consisting of (1) Inspector General of Police (Establishment) as Chairman (2) Dy. Inspector General of Police (Establishment) (3) the Superintendent of Police (Karmik) and (4) Addl. Superintendent of Police/Dy. Superintendent of Police (Karmik), as members have been constituted. The transfer orders were not issued, nor have the approval of this Board, constituted for the officers of the rank of Sub- Inspectors of Police and below, including constables. Learned Standing Counsel would contend, after seeking instructions from the department that the 'Police Establishment Boards' were constituted by Government Order dated 12th March, 2008. The Government Order states that so far as Indian Police Service and Provincial Civil Service, up to the level of Addl. Superintendent of Police, a 'Civil Service Board' is already in place in the State of U.P. constituted Government Order dated 19th May, 2007. With regard to subordinate police officer in para 2 the State Government has constituted four Police Establishment Board at different level for office in the categories (a) Asstt. Superintendent of Police (b) Deputy Superintendent of Police, (c) Inspectors of Police, and (d) Sub Inspectors and the officers below the rank of Sub Inspectors of Police. By a subsequent Government Order dated 27th November, 2008 the State Government has after reiterating the Constitution of Police Establishment Boards by Government Order dated 12.3.2008, clarified that in the Inspector General Zones the Inspector General of Police, and in the Dy. Inspector General Range the Deputy Inspector General of Police of the Range shall continue to discharge their powers of transfers in their jurisdictions under para 520 of the U.P. Police Regulations. The Police Establishment Board will decide on the inter zonal transfers of these officers.
(3.) SHRI Vijay Gautam submits that the recommendation No. 5 of the Supreme Court in Prakash Singh's case provides for constitution of Police Establishment Board, which shall decide all transfer, posting and promotions and other service related matters of the officers below the rank of Deputy Superintendent of Police. He submits that the transfer can be made only by the Police Establishment Board constituted for the purpose. The clarification in the Government Order dated 27th November, 2008 are in violation the directions of the Supreme Court in Prakash Singh's case and should not be considered for its implementation by the High Court. Learned Standing Counsel submits that the Supreme Court did not provide for transfers to be made by the Police Establishment Board and that the directions have to be interpreted reasonably, in the context in which they were made. The Police Establishment Board is required to decide upon the transfers, postings and promotions and not to make or approve transfers, postings and promotions. He relies upon the definition of word 'decide' in Oxford English Dictionary, which defines 'decide1 as a term to determine (a question, controversy or clause) by giving victory to one side or the other: to bring the settlement, resolve (a matter in dispute, doubt or suspense).;