Dharbind Yadav And Another 1909 ... vs State Of U.P. And Others
2011 Latest Caselaw 3703 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 43644 of 2011
 

 
Petitioner :- Dharbind Yadav And Another 1909 C.P.
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Vijay Guatam
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

Supplementary affidavit filed today, the same may be placed on record.

The petitioners are challenging the transfer order from Civil Police to GRP, Lucknow which, according to the petitioner, is contrary to the Regulation 525 of the U.P. Police Regulation as the petitioners services in Civil Police are more than 10 years.

The learned Standing Counsel placed reliance on the Division Bench decision of this Court in Special Appeal No. 723 of 2009, Vinod Kumar Pandey Vs. State of U.P. and others, wherein the decision of Jasveer Singh Vs. State of U.P. and others has been considered and it has been held that the said case relates to the transfer of Civil Police to Armed Forces and not from Civil Police to GRP. It has been held that the GRP is the branch of the Civil Police and, therefore, Regulation 525 does not apply and the transfer can be made from the Civil Police to GRP even if the service in Civil Police is more than 10 years.

Learned counsel for the petitioners placed another Division Bench decision in Special No. 392 (SB) of 2009, Mahboob Alam and others Vs. State of U.P. and others, wherein contrary view has been taken.

In view of the above, let the learned Standing Counsel may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.

List thereafter.

Order Date :- 10.8.2011

OP