Nov - High Court of Judicature at Allahabad

More documents

Recommendations

Info

1014 INDIAN LAW REPORTS ALLAHABAD SERIES [2009 a further check on the exercise of any power in the matter of transfer, promotion and posting of the officers of the police force. 14. In view of the aforesaid direction so issued providing for further approval of the Director General of Police the irregularity, if any, in the constitution of the Board stands cured and the transfer would not stand vitiated on account of non constitution of the Board strictly in accordance with the guidelines of the Supreme Court. It is not the case of the petitioner that the approval of the Director General of Police was not taken before affecting the transfer. In my opinion, therefore, there is no substance in the above argument. 15. Besides the above, in the counter affidavit in paragraph 12 it has been stated that the Supreme Court itself has subsequently appointed a Committee under the Chairmanship of Hon'ble Mr. Justice K.T. Thomas, retired Justice of the Supreme Court to supervise the implementation of the guidelines laid down in the case of Prakash Singh (supra). The said Committee has not pointed out any defect in the implementation of the guidelines by the State of U.P. or in the constitution of the Police Establishment Boards in U.P. Thus, when the Apex Court itself is monitoring the implementation of the aforesaid guidelines through a Committee appointed for the purpose, the petitioner is no one to complain that the Board is not properly constituted by means of this petition and the proper forum, if any, for the petitioner to raise the issue either before the said Committee or to approach the Supreme Court itself. 16. In the aforesaid facts and circumstances, in so far as the police Establishment Board that has granted approval to the transfer of the petitioner is concerned has subserved the object with which the guidelines were laid down by the Supreme Court, the approval so granted would not stand vitiated only for the reason that the Director General of Police has not been included as one of its members specially when the approval granted by the Police Establishment Board is further required to be approved by the Director General of Police. 17. Thus, in effect the guidelines issued by the Supreme Court with regard to the creation of the Police Establishment Board have been followed and implemented by the State Government in pith and substance according to the true spirit. Any technical infraction in the implementation of the said guidelines cannot be a subject of consideration by this Court. 18. The second argument from the side of the petitioner is that the transfer of the petitioner is in violation of the Government Policy dated 6.6.2009 as there is no approval of the Chief Minister. 19. Learned Standing Counsel, to counter the said argument, has submitted that the transfer policy is not binding in nature and otherwise also the aforesaid transfer policy is not applicable to the Police Department. In this connection he has placed reliance upon Annexure CA - 3 to the counter affidavit which is a Government Order issued by the Special Secretary, U.P. Government on 15.10.2009 clarifying that the Police Department is free from the transfer
3 All] Rishi Pal Singh V. State of U.P. and others 1015 policy dated 6.6.2009 right from the inception of the policy. 20. In one of the writ petition i.e. Civil Misc. Writ Petition No.51317 of 2009 (Narendra Sharma Vs. State of U.P. and others) involving the officers of the police department I had earlier referred the matter with regard to the binding nature and enforceability of the said transfer police to a larger Bench vide order dated 12.10.2009 but as to whether the said transfer policy is applicable to the police department or not is another question which I am called upon to examine herein. 21. The service conditions of the police officers, both gazetted and non gazetted are covered by the Police Act, 1961 and the U.P. Police Regulations which are said to have been framed under the said Act. The aforesaid Act and the Regulations provide a complete mechanism for the transfer of the police personnel. Further, the said mechanism has been strengthen by the guidelines issued by the Supreme Court in the case of Prakash Singh (supra). The said guidelines read with the provisions of the aforesaid Act and Regulations completely occupy the field leaving no scope for the Government to supplement them by any Government Order, Circular or any policy decision. Therefore, any policy decision governing the matter of transfer of police officers would not override the statutory provisions and the guidelines of the Supreme Court which are quasi legislative and of mandatory nature. The said policy, as such is ex facie of a general nature and is applicable only to those departments where there are no service rules and the field is not occupied. If it is allowed to run parallel it would be in direct conflict with the Regulations and guidelines of the Supreme Court. Accordingly, the said policy which is of general nature cannot be applied to the police department. 22. The above view taken by me also finds support by a decision of another Single Judge of this Court dated 15.10.2009 passed in Civil Misc. Writ Petition No.51998 of 2009 Constable 289 CP Tahsildar Singh and others Vs. State of U.P. and others where dealing with a similar controversy in relation to transfers involving officers of U.P. Police it was observed that the transfer of officers of the police force are governed by the U.P. Police Regulations framed under the Police Act of 1961 and it is well settled that executive instruction or order cannot prevail over the statutory provision and therefore, the Government Order dated 6.6.2009 would be inoperative and inconsistent to the said Regulations. 23. It is for this reason that the Government issued a clarification on 15.10.2009 vide Annexure - 3 to the counter affidavit that the police department is not outside the preview of the transfer policy dated 6.6.2009. 24. Next submission of the learned counsel for the petitioner is that the transfer of the petitioner is a colourable exercise of power, inasmuch the same has been made on caste basis. He has submitted that from the western districts of U.P., namely, Gautam Budh Nagar, Ghaziabad, Baghpat, Meerut, Muzaffar Nagar, Saharanpur only Constables belonging to Jat and Gurjar community alone have been picked up and transferred to other districts.
Page 1 and 2: 3 All] Smt. Katori Devi V. Nawab Si
Page 7 and 8: 3 All] Kailash Babu Gupta V. State
Page 9 and 10: 3 All] Anil Kumar Vashisth V. State
Page 11 and 12: 3 All] Anil Kumar Vashisth V. State
Page 13 and 14: 3 All] Smt. Sadhana Singh V. State
Page 21 and 22: 3 All] C/M, Lok Bharti Inter Colleg
Page 23 and 24: 3 All] Krishan Kumar V. State of U.
Page 25 and 26: 3 All] Smt. Raman Pandey and others
Page 27 and 28: 3 All] Smt. Shailendra Rai V. State
Page 39 and 40: 3 All] Rishi Pal Singh V. State of
Page 41: 3 All] Rishi Pal Singh V. State of
Page 45 and 46: 3 All] Naik R.K. Mahapatra V. Chief
Page 53 and 54: 3 All] Jafar Khan V. State of U.P.
Page 55 and 56: 3 All] New India Assurance Co. Ltd.
Page 61 and 62: 3 All] National Insurance Co.Ltd. V
Page 63 and 64: 3 All] National Insurance Co.Ltd. V
Page 65 and 66: 3 All] Vinay Kumar Upadhyay V.State
Page 67 and 68: 3 All] Vinay Kumar Upadhyay V.State
Page 69 and 70: 3 All] Aligarh Muslim University an
Page 71 and 72: 3 All] Aligarh Muslim University an
Page 73 and 74: 3 All] Rishikesh Lal Srivastava V.S
Page 93 and 94:
3 All] Rishikesh Lal Srivastava V.S
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
3 All] Matloob Gaur V.State of U.P.
Page 101 and 102:
Page 103 and 104:
Page 105 and 106:
Page 107 and 108:
3 All] Ashutosh Kumar Tripathi V.St
Page 109 and 110:
3 All] Superintending Engineer and
Page 111 and 112:
Page 113 and 114:
Page 115 and 116:
3 All] Dr. R.C. Agrawal and another
Page 117 and 118:
Page 119 and 120:
Page 121 and 122:
Page 123 and 124:
show all

Nov - High Court of Judicature at Allahabad

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?