SHESH MANI DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONER in the present writ petition is questioning the validity of the order dated 30-6-2007 passed by Deputy Inspector General of Police Allahabad Region Allahabad as communicated by the Senior Superintendent of Police, Allahabad vide his order dated 9-7-2007 transferring the petitioner from District Allahabad to District Pratapgarh.

(2.) BRIEF facts giving rise to instant writ petition in brief is that petitioner who is Sub-Inspector is presently posted at Police Station Sarai Inayat District Allahabad. Petitioner has contended that he is permanent resident of District Mirzapur and has been posted at Allahabad, and while he had been performing and discharging duties, petitioner as well as seven others Sub- Inspectors who were posted at Allahabad have been transferred to other District only on the ground that they are permanent resident of their respective neighbouring District of Allahabad. Petitioner has submitted that his continuance at Allahabad was permissible and within the parameter prescribed under Regulation 520 of U.P. Police Regulation and he has been unnecessarily transferred, by taking recourse to the provision of Government Order dated 11-7-1986 which is unjustifiable as such impugned transfer order is liable to be quashed.

(3.) IN order to appreciate respective arguments relevant Regulations as compiled under U.P. Police Regulation are being looked into Chapter-1 Regulation-1 deals with Director General- cum-INspector General of Police, Regulation 1-A deals with Additional INspector General of Police and Regulations 520 to 525 of the Regulation deals with transfer. Relevant provisions in this regard are being quoted below : "Chapter 1 Superior Officers INspector General-cum-Director General (1) The INspector-General is the head of the Police Department and adviser of the Governor in Council on all questions of police administration. All orders from the Governor in Council to a member of the police force are issued through him, except in cases of urgency when copies of any orders issued direct to subordinate officers are sent to him. No police officer may correspond with the Governor in Council except through him, unless specially authorized by rule. As a matter of administrative routine he is concerned only with Gazetted Officers, the general allocation of staff and the general distribution of funds, complete responsibility in regard to the non-Gazetted staff being delegated to Deputy INspector- General, except in regard to the posting transfer and grant of leave to INspectors in certain cities and stations and to the posting, transfer and promotion of the clerical staff, which can most conveniently be regulated by him. Note The State of U.P. had already designated the highest seat of Police Force in the State as the Director General of Police. The posts of Additional INspector General of Police sanctioned in the year 1981 have now been raised to the rank and post of the INspector General of Police in super time scale and the State has sanctioned similar posts to be created in other cells of the department. Several G.D.'s have been issued in this respect from time to time. The State has been divided into seven zones, each under one Zonal INspector General of Police. The zones now functioning are given below. The powers vested in the Additional INspector General of Police are not with the Zonal INspector Generals and further powers may be conferred upon them as and when required. The G.O's regarding the creation of the posts of INspector General of Police are given at the end of this Regulation. [I-A. Additional INspector-General of Police.-The Additional INspectors-General of Police will be the INcharge and supervising officer of the region under them and will give appropriate guidance to the Deputy INspectors-General of Police, of their region. Their duty/powers in relation to the employees/officers of their region will be as under : (i) To transfer non-gazetted officers of the region under them. The inter-region transfer will be done at the Police Head Quarter's level, as done earlier, but the procedure in respect to them will be that these orders will now be passed in accordance with the recommendation of the concerned Additional INspector General of Police. (ii) To dispose of the representation, appeals, revisions, and petitions of employees posted in the region under them. (iii) To grant casual leave to Gazetted Officer of the region under them, which was granted by the INspector-General of Police till now. (iv) To make available their opinion, concerning the work of the Gazetted Officer of their region to the INspector-General of Police for annual entries. The Deputy INspector-General will also be in these officers. (v) Such other work/acts/functions that may be entrusted to them from time to time, by the administration or the INspector-General of Police. Deputy INspector-General (2) Certain Deputy INspector-General are incharge of ranges of districts. Each of them is responsible for the efficiency of the police in his range, and must see that a proper level of District Administration is maintained. He must always be in close touch with his Superintendents and be ready to aid, advise or control them. He must inspect the work of the Superintendent of each district at least once a year, and prepare an inspection report in the form prescribed. He need not, however, record observations under any of the printed headings of the form except VIII "Crime Working" and IX "General" if everything is in order and no action is required, and should mention in his report only matters which can most suitably be entered there for the guidance of the district staff or the information of his successor. On completing his inspection, he will at once take all such action as his powers permit to remedy defects, and will refer to the INspector- General grave defects or questions of principle with which he himself has not the power to deal. (3) The Deputy INspector-General is responsible for the general supervision of crime in his range; he must see that proper measures are taken to deal with serious outbreaks, and must effect co-operation between districts. For this purpose he must keep up registers of (1) dacoity (2) murder (3) robbery (4) poisoning and (5) miscellaneous cases in INspector-General's from No. 138. He will submit to the INspector General a fortnightly report of crime which will include any matters relating to his range of which he considers that the INspector General should be informed. To this will be attached a statement of dacoities giving very brief particulars of each case. He will forward to the INspector-General special reports of crime in exceptional case. Superintendents much report direct to the INspector-General as well as to the Deputy INspector-General matters of specially important character regarding which Government may require immediate information, e.g. serious breaches of the peace, collisions between Europeans and INdians and important matters of a political nature; but so far as possible the Deputy INspector- General will be the channel through which the INspector-General will receive information. On receipt of district annual administration reports the Deputy INspector-General must prepare and submit to the INspector-General a review for the whole of his range, which a note on cases which deserve special mention in the provincial report. The Deputy INspector-General of Police, Education and Training will be responsible for supervision and co-operation of work in the Range Training Centres which he will inspect from time to time. Apart from this he will keep in touch with the latest methods of training introduced elsewhere and adopt them for use in the Police Training INstitutions. He will also supervise training at the Police Training College, Moradabad the Armed Police Training Centre as well as the Police Motor Transport Workshop at Sitapur and the Wireless Station at Lucknow all of which excepting the Police Motor Transport Workshop at Sitapur will remain under his administrative control. He will undertake the revisions of the various Police Training Manuals and draft manuals when necessary. Chapter XXXIV Transfer Regulation 520.-Transfer of Gazetted Officers are made by the Governor in Council. The INspector General may transfer Police Officers not above the rank of INspector throughout the province. The Deputy INspector General of Police of the range may transfer inspectors, Sub-inspectors, Head Constable and constable within his range : provided that the postings and transfers of inspectors and reserve Sub-INspectors in hill stations will be decided by the Deputy INspector-General of Police, Headquarters. Transfer which result in officer being stationed far from their homes should be avoided as much as possible. Officers above the rank of constable should be ordinarily not be allowed to serve in districts in which they reside or have landed property. IN the case of constables the numbers must be restricted as far as possible. Sub-INspector and head constables should not be allowed to stay in a particular district for more than six years and ten years respectively and in a particular police station not more than three years and five years respectively. IN the Tarai area (including the Tarai and Bhabar Estates) the period of stay to Sub- INspectors Head constables and constables should not exceed five years. Regulation 521. - The INspector-General may without the sanction of Government (a) Transfer to - (i) foreign service within the provincial other than to service in an INdian State and (ii) another department of Provincial Government, any Government servant when he can without reference to Government appoint or transfer in the ordinary course of administration and may also fill any post so vacated by promotion and enlistment when necessary, and (b) Subject to the same restrictions as in clause (a) transfer as Government servant to a temporary appointment outside the province for a period not exceeding two years in the first instance and may extended the period of such temporary transfer up to a period of two years. Regulation 522. - The Superintendent when proposing a transfer from the district should send the character and service roll of the officer to be transferred. With the consent of the Superintendents concerned mutual exchanges may be arranged by head constables or constables. The proposed exchanges shall be reported to the Deputy INspector- General. Traveling allowance will not be payable on the occasion of such transfers. Regulation 523. - On receipt of an order of transfer of a subordinate officer to another district the Superintendent will arrange to relieve him to his duties within ten days. Officers transferred are entitled to joining time, but the Superintendent may not grant leave to an officer under order or transfer. An INspector relieved on transfer from another district is entitled to sign a certificate of taking over charge from the date of arrival in the new district. If the officers to be relieved cannot be present at headquarters, the charge certificate should be signed for him by the Superintendent of Police or in his absence, by an Assistant Superintendent of Police or Deputy Superintendent of Police. The effect of this will be that an officiating officer will be considered to have been reverted, and permanent incumbent's joining time or leave or discharge, will be counted from the date on which the relieving officer takes over charge. Regulation 524.-The Superintendent may within his district, transfer all officer of and below the rank of INspector. IN case of INspectors and officers in charge of police stations, he must before passing orders obtain the approval of the District Magistrate. Should the District Magistrate and Superintendent of Police be unable to agree in regard to the transfer of any officer, the matter may be referred to the Deputy INspector General of Range for decision : Provided that in the district where the Collector/Deputy Commissioner is Collector/Deputy Commissioner-in-charge of the Division, his functions under this sub-paragraph will be exercised by the Additional District Magistrate (Executive). Officers-in-charge of police stations shall ordinarily be retained in their charges for at least two years. Subordinate officers at Police Stations should not be transferred without good reasons. No officer liable to station duty shall be withdrawn from the duty for a longer period than one year, expect in Kumaun where the withdrawal of head constable for two years at a time from station duties is permitted. Regulation 525.-Constable of less than two years' Service may be transferred by the Superintendent of Police from the armed to the civil police or vice versa. Foot police constables may be transferred to the mounted police at their own request. Any civil police constable of more than two and less than ten years service may be transferred to the armed police and vice versa by the Superintendent for a period not exceeding six months in any one year. All armed police constables of over two years' service and civil police constables of over two and under ten years' service may be transferred to the other branch of the force or any period with the permission of the Deputy INspector General. IN all other cases the transfer of Police Officers from one branch of the force to another or from the police service of other Provinces to the Uttar Pradesh Police requires the sanction of the INspector General."