Yogesh Kumar and Others vs State of U.P. and Another

D.S. Sinha, J.—Heard Shri R.D. Agarwal, learned Counsel for the Petitioners.

The Petitioners who are indisputably civil police constables of more than two and less than ten years'' service, seek to challenge their transfer to armed police by the impugned order dated 12/13th October, 1995, a copy whereof is appended to the writ petition as Annexure 1.

Learned Counsel for the Petitioners contends that the impugned order is contrary to rules.

Under Regulation 525 of the U.P. Police Regulations, any civil police constable of more than two and less than ten years'' service may be transferred to the armed police and vice versa for a period not exceeding six months in any one year. It is not in dispute that in the year 1995, Petitioners have never been transferred from civil police to armed police earlier, though it is asserted that they had been transferred from civil police to armed police in the previous years.

The transfer of the Petitioners from civil police to armed police in previous year/years does not grant them immunity from transfer in subsequent year/years from civil police to armed police and vice-versa. The only rider against such transfer envisaged under Regulation 525 is that it should not be for more than six months in the given year.

The impugned order is well within the four corners of the provisions contained in Regulation 525 of the U.P. Police Regulations and does not suffer from any such illegality or infirmity which may warrant interference by this ''court in exercise of its special and extra-ordinary jurisdiction under Article 226 of the Constitution of India.

The writ petition is devoid of merits and is, therefore, dismissed summarily.