SONE LAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard counsel for the parties and perused the record.

(2.) The petitioners were appointed as Constables in Civil Police branch in the State of Uttar Pradesh. They were transferred from Civil Police Branch to the Armed Police Branch of the Police Department and have come to this Court against the order of their transfer. It is alleged that the order of transfer of the petitioners from civil police to armed police in exercise of powers under Regulation 525 of the U. P. Police Regulations is illegal and is in violation of the aforesaid provisions. Regulation 525 of the Police Regulations is as under :

(3.) The contention of the counsel for the petitioners is that they have put in more than 10 years of service respectively in the Civil Police Branch and have been transferred to Armed Police Branch without any rhyme and reasons. It is next submitted that Regulation 525 of the Police Regulations lays down that constable having put in more than 10 years' service can be transferred to other branch of the police department only with the sanction/approval of the Inspector General of Police hence.sanction granted by the Inspector General of Police of Kanpur Zone for transferring the petitioners from Civil Police Branch to the Armed Police Branch is illegal and without jurisdiction. In nut-shell the case of the petitioners is that the Inspector General of Police, Kanpur Zone, Kanpur has no power and the transfer order is without jurisdiction and has been passed in utter violation of the Regulation 525 of the U.P. Police Regulations.