SHIVA KANT RAI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Shashi Nandan appearing for the petitioner and the learned Standing Counsel for the respondents.

(2.) THE petitioner, by means of this writ petition, has challenged the order dated 19. 11. 2007, whereby the petitioner, who is under suspension, has been repatriated from L. I. U. to Civil Police and is posted in the district Basti.

(3.) LEARNED Counsel for the petitioner submits that this order of repatriation is in contravention of the provisions of Regulation No. 525 of the Police Regulations. The provision of police regulations has not been demonstrated to have any statutory force. They are supposed to be administrative instructions or administrative orders for guidance to the authorities. The Hon'ble Apex Court in the case of Chief Commercial Manager, South Central Railway, Secunderabad and others v. G Ratnam and others, (2007) 8 SCC 212 (para 20)= 2007 (58) AIC 55 (SC ). has held as under:-