Mirza Umar Daraj Beg, Constable ... vs State Of U.P. & Others
2011 Latest Caselaw 3808 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 46431 of 2011
 

 
Petitioner :- Mirza Umar Daraj Beg, Constable 1302 Cp
 
Respondent :- State Of U.P. & Others
 
Petitioner Counsel :- Vijay Gautam
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

Connect it with Writ Petition No. 43644 of 2011. 

The petitioner is 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 Policeand, 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 petitioner 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 :- 16.8.2011

OP