Ravindra Nath Ojha vs State Of U.P. And 4 Ors
2014 Latest Caselaw 9067 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 59
 

 
Case :- WRIT - A No. - 61692 of 2014
 

 
Petitioner :- Ravindra Nath Ojha
 
Respondent :- State Of U.P. And 4 Ors
 
Counsel for Petitioner :- Chandra Kumar Rai
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajan Roy,J.

Heard.

The petitioner herein was initially appointed as Constable in Civil Police way back in 1987. Now by the impugned order dated 7.11.2014 he is being transferred to G.R.P. Lucknow by Superintendent of Police Chaudauli. This order has been issued by the Superintendent of Police in pursuance to letter of the Inspector General of Police dated 5.11.2014.

The contention of the learned counsel for the petitioner is that as petitioner has put in more than ten years of service, therefore he is not liable to be transferred from Civil Police to G.R.P. in view of the provision contained in Regulation 5-2-5 of the Police Regulation and judgment of the Apex Court in case of Jasvir Singh Vs. State of U.P. and others reported in 2008(2) ADJ 484 (SC).

Learned Standing Counsel submits that this is permissible in view of the Fuill Bench judgment of this Court, which he is not able to produce at the moment.

Put up this case on 27.11.2014, as fresh to enable learned Standing Counsel to produce the judgment of the Full Bench and also to seek instructions as to under which provision impugned transfer has been made, whether on the direction of the Inspector General of Police or the concerned Superintendent of Police.

Order Date :- 24.11.2014

M.A.A.