OM PRAKASH SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) ON 2 September 2011, a Division Bench of this Court has referred two questions of law for consideration of the Full Bench:

(2.) IN order to facilitate an analysis of Regulation 525, it would, at the outset, be appropriate to breakdown several parts of the Regulation into separate sentences. We now proceed to do so:

(3.) THE first paragraph of Regulation 525, inter alia, stipulates conditions of transfer of constables from the civil police to the armed police and vice versa in a situation where they have put in varying period of service, these being (i) service of not less than two years; (ii) service of more than two years but less than ten years. Where a constable has put in less than two years of service, Regulation 525 enables his transfer from the civil police to the armed police or vice versa, the condition being that the transfer has to be by the Superintendent of Police. Where a civil police constable has put in more than two years' service but less than ten years of service. Regulation 525 provides for two situations of transfer: depending upon the period of transfer, the power to effect the transfer is conferred either upon the Superintendent of Police or, as the case may be, on the Deputy Inspector General. Where the transfer is for a period not exceeding six months for any one year, the power to make the transfer is conferred upon the Superintendent of Police. Where, however, the transfer is to the other branch of the force and it is proposed to transfer a civil police constable for any period, meaning thereby a period in excess of six months in a year, the stipulation is that the permission of the Deputy Inspector General must be obtained. Hence, where the term of service which has been put in by a police constable is less than two years, the Superintendent has the power to transfer such a person from the armed to the civil police and vice versa. Where the period of service of a civil police constable is of more than two years but less than ten years, it is again the Superintendent of Police who is empowered to transfer but this time there is a stipulation that the period of transfer cannot exceed six months in a year. In all other cases, not covered by the first part, when a transfer is sought to be effected from one branch to another branch of the force, the permission of the Deputy Inspector General has to be obtained.