Salahuddin Khan vs State of U.P.

@DELETEUPPERDATA

Rakesh Tiwari, J.—Heard learned counsel for the appellant, learned Standing counsel for the respondents and perused the record.

The appellant has filed this intra Court appeal challenging the validity and correctness of the impugned judgment and order dated 26.11.2014 passed by the Writ Court in Civil Misc. Writ Petition No. 63750 of 2014, Salahuddin Khan versus State of U.P. and others, whereby the aforesaid writ petition was dismissed.

The judgment and order dated 26.11.2014 reads thus:-

" The petitioner is aggrieved by the order dated 07.11.2014 whereby he has been transferred from Civil Police to G.R.P. Police.?

From the averments of paragraph 4 of the writ petition it is noticed that the petitioner has completed 16 years of service in Civil Police Department since the date of his appointment on 13.10.1998.? The contention is that the persons who have completed 10 years of service or more cannot be transferred from Civil Police to G.R.P. Police.

This controversy has already been settled in the case of Prakash Singh Vs. Union of India and Others.

Therefore, I am not inclined to interfere with the order of transfer.

The contention of the petitioner further is that his transfer order has been made in the mid academic session.? He has relied upon the judgment of Supreme Court reported in 1994 Supp (2) SCC 666, Director of School Education, Madras and Others Vs. O. Karuppa Thevan and Another.?

In my opinion the said judgment applied only to the education department and has no application in the police department and therefore the petitioner must keep the interest of Nation first above personal interest and proceed on transfer particularly when for the last 16 years he has remained in Civil Police as stated in the writ petition.

In this view of the matter, this writ petition is devoid of merit and is accordingly dismissed."

Learned counsel for the appellant submits that the appellant has completed more than 10 years of service in Civil Police, hence he cannot be transferred from Civil Police to GRP Police in view of Para 525 of the U.P. Police Regulations, which is statutory in character, as such the impugned transfer order is illegal, arbitrary and is in violation of the Regulation 525 of U.P. Police Regulations and the same is liable to be quashed by this Court.

He also submits that the Writ Court has not considered the interim order passed by the Apex Court in SLP Civil No. 28280 of 2009, Rajveer Singh versus State of U.P. and others; that the Writ Court has also not considered the judgment passed in Special Appeal No. 392 (SB) of 2009, Mahboob Alam and others versus State of U.P. and others in which the similar controversy has been decided by this Court relying upon the decision rendered by the Apex Court in case of Jasveer Singh versus State of U.P. and others, 2008(2) ADJ 484 (SC), hence the impugned judgment and order dated 26.11.2014 passed by the Writ Court is against the material on record, hence the same is liable to be quashed by this Court.

Per contra, learned Standing counsel for the respondents submits that the appellant has remained in Civil Police for the last 16 years, hence the transfer order dated 7.11.2014 transferring him from Civil Police to GRP Police is just and legal and the Writ Court has rightly dismissed the writ petition, hence no interference is required by this Court in the impugned judgment of the Writ Court.

After hearing learned counsel for the parties and on perusal of the impugned judgment of the Writ Court and the record it appears that the Writ Court has not considered the judgment rendered by the Apex Court in the case of Jasveer Singh versus State of U.P. and others, 2008(2) ADJ 484 (SC) in its impugned judgment and order dated 26.11.2014, hence the matter is remanded back to the Writ Court for decision afresh in the light of judgment rendered by the Apex Court in the case of Jasveer Singh (supra).

For the reasons stated above, the special appeal is allowed and the impugned judgment and order dated 26.11.2014 is quashed. The matter is remanded back to the Writ Court for decision afresh in the light of judgment rendered by the Apex Court in the case of Jasveer Singh (supra).