Vinod Kumar and Others vs State of U.P. and Others

This is an appeal against a judgment of a learned Single Judge refusing to interfere against an order of transfer of police Constables.

A learned Division Bench of this Court in Shishu Pal Singh v. State of U.P. and Ors. 2010 (3) ADJ 241 has taken a view that in view of the framing of the U.P. (Civil Police) Constable and Head Constables Service Rules, 2008, the services of Police Constables and Head Constables will be governed by the said Rules 2008. Rule 26 thereof would be applicable in the matter of transfer of such Police Constables. Another learned Division Bench of this Court on 28.5.2010 in Special Appeal No. 850 of 2010 State of U.P. and Ors. v. Jagannath Prasad Gaur and Ors. has taken a view to the contrary without noticing the earlier Division Bench judgment, which was pronounced on 9th of February, 2010, that in the absence of a properly constituted Board, the order of transfer is vitiated.

In our opinion, there is a clear conflict between the aforesaid two Division Bench judgments of this Court. The matter is required to be referred to a larger Bench for consideration on the following issue:

Whether pursuant to framing of the U.P. (Civil Police) Constable and Head Constables Service Rules, 2008, the directions issued by the Supreme Court in the case of Prakash Singh and Others Vs. Union of India (UOI) and Ors, in exercise of power under Article 142 of the Constitution of India, are no longer applicable in view of what is set out in paragraph 31 of the judgment?

Our attention has also been invited to a reference order made by another learned Single Judge of this Court in the case of Govind Singh v. State of U.P. and Ors. Civil Misc. Writ Petition No. 33630 of 2009 and other connected writ petitions decided on 9th of July, 2009. Those writ petitions be also placed for consideration before the larger Bench to be constituted.

Registry is directed to place the matter before the Chief Justice for an appropriate direction for the constitution of a larger Bench

Place the matter on 16th of July, 2010.

Office to notify the same in the cause list tomorrow and also inform the learned Counsels, who are appearing in the case and are interested to address on this issue.