NANDESH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Petitioners who are Constables in U.P. Police has approached this Court for quashing the order of transfer on the ground that decision to transfer Petitioners has not been taken by concerned Police Establishment Board constituted by the State Government under the Government Orders dated 12th March, 2008 which has been constituted in pursuance of the Apex Court judgment in Prakash Singh and Ors. v. Union of India and Ors., 2006 8 SCC 1.

(2.) Learned Standing Counsel appearing on behalf of State has submitted before the Court that Police Constables are being transferred within range by the Board constituted by the order of the State Government and the Government Order dated 8th April, 2010 issued in continuation of Government Orders dated 12th March, 2008 and 27th November, 2008. The Government Order has been annexed with the writ petition and it has been pointed out that four Police Establishment Boards for transfer of police personnel at different levels including Constables, Head Constables, Sub-Inspectors and Inspectors in pursuance of the direction issued by the Apex Court in Prakash Singh's (Supra) case. Learned Standing counsel has also placed reliance upon the Government order dated 27th November, 2008 to the effect that Zonal Inspector General of Police and Regional Deputy Inspector General of Police can transfer police personnel within their area in view of the provisions of Regulation 520 in the Police Regulation and Police Establishment Board is required to take a decision only in case where the police personnel are required to be transferred outside the range/zone. It has further been submitted that in view of Government Order dated 12th March, 2008, Police Establishment Board has been constituted but looking the strength of the police personnels in the State, decision has been taken that in each matter of transfer of such police personnel, it is not possible to get approval, therefore, within the range or at the district level two different Boards have been constituted. In such circumstances, learned Standing Counsel submits that contention of Petitioner is not acceptable that decision has not been taken by the Board in consonance of Prakash Singh's case by the Government in view of Government Order dated 8th April, 2010 regarding transfer of such police personnels and therefore, it does not suffer from any illegality.

(3.) I have considered these submissions in advance on behalf of parties. Issue raised by Petitioners in the present writ petition is that whether police personnels like Constables and Head Constables can be transferred even within range without taken any decision by the Board in view of constitution of the Board by the Government Order dated 12th March, 2008.