ASHOK KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Umesh Narain Sharma, learned counsel for the petitioner. By means of this writ petition, the petitioner. Ashok Kumar Singh has sought his repatriation from Intelligence Department to Civil Police with all the benefits which would have accrued to him in Civil Police had he not been sent to Intelligence Department.

(2.) The petitioner was selected, trained and appointed as Sub-Inspector in the Civil Police in district Agra in November, 1982. The petitioner remained posted at police stations, Khairagarh. New Agra and Satya. By order dated 21.7.1985, which is contained in Annexure-8 to the writ petition, the petitioner was transferred from Civil Police to Intelligence Department. It is alleged that the various posts in the Intelligence Department are ex-cadre posts and the petitioner could not have been sent to Intelligence Department on an ex-cadre post without his consent as has been held in Prakash R. Broker v. Union of India, 1984 (1) AISLJ 61 (Bom), in which reliance was placed on a decision of the Supreme Court in Bhagwati Prasad v. State of Gujarat, 1979 (3) SLR 805, in which it was observed thus :

(3.) Sri Sharma, learned counsel for the petitioner further pointed out that under the various orders issued by U. P. Police Headquarters, it has been mentioned that the local Intelligence Unit is separate from the District Executive Force, i.e., Civil Police. In support of his contention, the learned counsel placed reliance on the Circular Letter No. V-845-57, dated 15.7.1960 issued by U. P. Police Headquarters, Allahabad in which the subject of reorganization of the Intelligence staff in the Intelligence Department and district L. I. Us--promotion, appointment in the L.I.U. was considered. In Para 2 of the said circular letter. it was mentioned as follows :