CHANDRA SHEKHAR RAWAT Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner has challenged the transfer order dated 17.8.2012 passed by the D.I.G./Deputy Superintendent of Police Establishment, U.P., Police Head Quarters, Allahabad and the consequential order dated 25.10.2012 passed by the Senior Superintendent of Police, Jhansi, whereby the petitioner has been transferred from Civil Police, Jhansi to Government Railway Police, Lucknow (G.R.P.).

(2.) The petitioner is a constable in the police force having been appointed in 1987 and has completed more than 10 years of service. The grounds of challenge is, that the transfer order is in violation of the first part of Regulation 525 of the U.P. Police Regulations, namely, that the petitioner has worked for more than ten years in the police force and therefore cannot be transferred any longer. The second ground urged is, that the second part of Regulation 525 is not applicable inasmuch as it is only applicable to a police officer and is not applicable to a Constable, as has been held by the Supreme Court in the case of Jasveer Singh vs. State of U.P. and others,2008 2 ADJ 484. The third ground of attack is, that the transfer order was passed by the Deputy Superintendent of Police/Additional Superintendent of Police, who is neither the competent authority nor the appointing authority of the petitioner and therefore, the transfer is per-se illegal and was liable to be quashed.

(3.) Counter affidavit and the rejoinder affidavit have been exchanged and consequently, the writ petition is being disposed of at the admission stage itself.