YAGHYA DEO SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) D. K. Seth, J. By an order dated 26th June, 1997, contained in Annexure-1 to the writ petition along with 209 other persons the petitioner was transferred to Provincial Armed Constabulary, at the places mentioned in the said order respec tively. Sri A. K. Dixit, learned Counsel for the petitioner, has assailed the said order on the ground that the order having been passed by the Supdt. of Police (Personnel), U. P. is wholly without jurisdiction since the Supdt. of Police is not empowered to pass such a transfer order. According to him it is only the Inspector General of Police, who can issue such order of transfer. The second ground is that the petitioner having spent 22 years in Civil Police, he is not liable to be transferred to Provincial Armed Constabulary in view of the order contained in Regulation 525 of U. P. Police Regulations. According to him such transfer would affect the service con ditions of the petitioner to the effect that he belonged to Civil Police, Whereas he is being permanently transferred to Armed police. In support of his contention he relied on Regulation-of U. P. Police Regulations and contends that only Supdt. of Police can transfer in such cases. He also relies on Regulation 525 of the Regula tion, which according to him prohibits transfer of a constable having completed more than 22 years of service, from one branch to another.

(2.) SRI Parihar, learned Standing Counsel on the other hand contends that Regulations-1 contemplates delegation of power by the Inspector General of Police. In exercise of such power of delegation the Inspector General of Police has issued an order dated 21/29th March, 1990, by which the power to transfer was delegated to the Deputy Inspector General of Police (Per sonnel) posted at the Headquarter to transfer all categories of nongazetted employees from one branch to another, while the Supdt. of Police (Personnel) Headquarter was empowered to transfer a constable and Head constable from one branch to another. According to him by virtue of such delegation of power the Supdt. of Police (Personnel) Headquarter is competent to issue an order of transfer. He also contends that under Regulation 525 of the Regulations, even if a person has completed 22 years of service, can very well be transferred. He further contends that by reason of such an order of transfer from Civil Police to Armed police, the petitioner's service condition is not al tered and the same is permissible under U. P. Police Regulations and the petitioner is governed there by and he can very well be transferred.

(3.) THEN again the said regulations can not be read independent of Regulation-525. The question of transfer is being dealt in Chapter-XXXIV, which contains Regulations 520 to 526. The principle of delegation having been admitted in Regulation-1 the same has to be read with a the provisions contained in Chapter-XXXIV, particularly Regulation-525. It can not be interpreted to contradict each "other. The two provisions are to be recon ciled together so as to achieve the aim and object. The question of transfer having been specifically dealt with in Chapter-XXXIV the same has to be given such a meaning so as to make the same workable. THEN again on reading of Regulation-525 no technicalities stand in the way of delegating such a power to the subor dinates. Apart from the said aspects as is provided in Regulation 525 transfer from one branch to another can be made in respect to different categories of persons in respective manner provided there in. A constable having less than two years of service can be transferred by the Supdt. of Police from Armed police to the Civil Police or vice versa. Thus, the Supdt. of Police is empowered to transfer a con stable who has put in less than two years of service either from Civil Police to Armed police or from Armed Police to Civil police. He can also transfer a constable for more than two years and less than ten years of service from Armed police to the Civil Police and vice versa. But for a period not exceeding six months in any one year. The Supdt. of Police can transfer all Armed police for over two years service and Civil police for over two years and under ten years of service to any other branch of the force for any period but with the permis sion of the Deputy Inspector General.