RAM SINGH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner has challenged the order dated 8.9.1997 by which he has been transfered from Kanpur Nagar to Mainpuri. The said order is Annexure-1 to the Writ Petition.

(2.) Mr. Prem Prakash, learned Counsel for the petitioner assails the said order on the ground that Dy. Inspector General of Police (Personnel) is not of the Dy. Inspector General of Police of the range in which the petitioner was working and has been transferred. Therefore, the said order of transfer is violative of provisions contained in Regulation 520 of the U.P. Police Regulation (hereinafter called as the Regulations). According to him unless there is specific provisions for delegation, the post having specified, the order could be passed by the Dy. Inspector General of Police (Personnel) in the absence of any provisions for delegations of power in the said Regulations. The Dy. Inspector General of Police (Personnel) is not competent to pass the order. According to him, the order of transfer should be passed under Regulation 521 by the Inspector General of Police. The Inspector General of Police having not delegated the Dy. Inspector General of Police (Personnel), the order of transfer is wholly without jurisdiction.

(3.) Learned Standing Counsel on the other hand contends that the Dy. Inspector General of Police (Personnel) operates through out the State of U.P., therefore, it can not be said that it is outside the jurisdiction of the Dy. Inspector General of Police (Personnel) where the petitioner has been posted and was sought to be transferred. Therefore, according to him, the order does not come within the Regulation 521 but squarely comes under the Regulation 520. Therefore, the order is justified.