Raj Pal Singh, Sub-Inspector, Pno ... vs State Of U.P. & Others
2012 Latest Caselaw 5910 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

AFR
 
Court No. - 39
 
Case :- WRIT - A No. - 43734 of 2012
 
Petitioner :- Raj Pal Singh, Sub-Inspector, Pno No.892640373
 
Respondent :- State Of U.P. & Others
 
Petitioner Counsel :- Vijay Gautam,Kailash Pandey
 
Respondent Counsel :- C.S.C.
 
Hon'ble Tarun Agarwala,J.

The controversy involved in the present writ petition is squarely covered by a decision of this Court passed in Writ Petition No. 56469 of 2012 dated 06.12.2012.

The learned counsel for the petitioner has raised an additional ground namely that the petitioner at some point of time in his career was transferred from Civil Police to GRP and had completed three years of service, and therefore, could not be transferred again to GRP. In addition to the aforesaid, the learned counsel submitted that at best the petitioner could only be transferred for an additional period of two years only after receiving his consent in view of clause 3(4) of the Government Order dated 3.3.2012.

The submission of the learned counsel for the petitioner is patently misconceived. Admittedly, the petitioner is on a transferable post and can be transferred from the date of his appointment till the date he reaches the age of superannuation. The contention that he could not be transferred to GRP again, since he has already been transferred is patently erroneous. Reliance on the Government Order dated 03rd March, 2012 is not applicable. It only relates to those personnels, who have been transferred for a period of three years from Civil Police to GRP, and who upon completion of their period of three years requested to continue in GRP, in which case, those personnels would continue for a period of additional two years only. This Government order does not mean that consent is required from a police officer for his postings again to GRP, nor does it contemplate that he could not be posted again in GRP, nor does it contemplate that he could only be posted for a maximum period of five years.

In the light of the aforesaid, the contention raised by the learned counsel for the petitioner is bereft of merit, and is accordingly dismissed.

Order Date :- 6.12.2012

Sanjeev

(Tarun Agarwala,J.)