Gulab Singh and Others vs State of U.P. and Others

Pankaj Mithal, J.—Heard Mohd. Isa Khan, learned Counsel for petitioners and learned Standing Counsel for respondents.

The petitioners are Police Constables in Civil Police, U.P. By the impugned order dated 10.12.2007 (Annexures4 to the petition) passed by the Senior Superintendent of Police. Jhansi respondents 5, the petitioners have been directed to join in Armed Police.

According to Regulation 525 of the UP. Police Regulations, only those police Constable who have put in more than 2 years of service and not more man 10 years of service are liable to be transferred from civil police to Armed Police and vice versa and the submission of the learned Counsel for the petitioners is that the petitioners have completed 10 years of service, therefore, their transfer is in violation of aforesaid Regulation.

The Apex Court in a recent judgment Jasveer Singh v. State of U.P. 2008 (2) ADJ 484 (SC), has held that the U.P. Police Regulations are statutory in character as they have been framed u/s 46 of the Police Act, 1861. Therefore, any transfer order passed in breach of the Regulations is illegal. The Court has further held that the second part of the Regulation 525 is not applicable to the transfer of the Constables and the Constables are only covered by the first part of the Regulation 525.

Since the learned Standing Counsel has on the basis of instructions received by him admits that the petitioners have put in more than 10 years of service as Constables in civil police, the impugned orders of transfer are in violation of statutory Regulation 525 of the U.P. Police Regulations as has been held by me in Civil Misc. Writ Petition No. 63793 of 2007 Sita Ram and Ors. v. State of U.P. and Ors.

Accordingly, the writ petition is allowed and a writ of certiorari is issued quashing the impugned order dated 10.12.2007 (Annexures-1 to the petition) passed by the Senior Superintendent of Police, Jhansi, respondents 5, in so far as it relate to petitioners.