High Court of Judicature at Allahabad
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Vijay Kumar Shukla v. State Of U.P. And Others - WRIT - A No. 6051 of 2006  RD-AH 2565 (1 February 2006)
HON. ARUN TANDON, J.
Petitioner who is working as Constable in Civil branch of the U.P. Police is aggrieved by an order of transfer dated 16.1.2006 whereunder petitioner and other similarly situate 24
Constables have been transferred to armed branch of the U.P. Police for a period of six months. The order is in contemplation of approval being granted by the Deputy Inspector General of Police, Chitrakoot Dham, Range Banda. Counsel for the petitioner submits that Regulation 525 (proviso) of the U.P. Police Regulation provides that police officers who have been put in more than 10 years of service can be transferred from one branch of the U.P. Police to another only with the approval of the Inspector General of Police and, therefore, the order is legally not justified.
In the opinion of the Court the proviso of Rule 525 does not contemplate, prior approval of the Inspector General. Therefore, such an approval can also granted subsequent to the order of transfer having been passed by the competent authority.
However decision to grant or to refuse the approval has to be taken by the Inspector General of Police at the earliest.
In such circumstances the record of transfer pertaining to the petitioner and similarly situate other Constables who have put in 10 years of service may be placed for orders of the Inspector General of Police. In that regard Respondent no. 3 is directed to transmit the records within two weeks from the date a certified copy of this order is filed before Respondent no. 3. On the records being so placed the Inspector General of Police shall take appropriate decision within four weeks, thereafter. Writ petition is accordingly disposed of.
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