JAGANNATH PRASAD GAUR Vs. STATE OF UP

JUDGEMENT

(1.) The petitioners, who are Constables and Head Constables in the U.P. Police, have sought the quashing of the order dated 26th April, 2010 issued by the Deputy Inspector General of Police, Establishment, Uttar Pradesh for transfer of the Head Constables Civil Police (Special Category) and Constables, Civil Police pursuant to the decision taken by the Police Establishment Board on 26th April, 2010. The petitioners have also sought the quashing of the Government Order dated 19th February, 2010 as also Clause 5 of the general transfer policy dated 21st April, 2010 issued by the Chief Secretary, Uttar Pradesh Government.

(2.) The Police Establishment Board took the decision in view of the Government Order dated 11th July, 1986 which provides that Head Constables and Constables should not be posted in their home district or in districts adjoining their home district. The Government Order dated 19th February, 2010 exempts the implementation of the Government Order dated 11th July, 1986 for such police personnel who have been posted for security of VIPs' with the approval of the Government. Clause 5 of the transfer policy dated 21st April, 2010 of the State Government provides that the said policy shall not be applicable for the Police Department.

(3.) Sri Vijay Gautam, learned Counsel for the petitioners has made following submissions: