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Dan Singh And Others v. State Of U.P. And Others - SPECIAL APPEAL No. 803 of 2007  RD-AH 10626 (19 June 2007)
Court No. 32
Special Appeal No. 803 of 2007
Dan Singh and others Versus State of U.P. and others
Hon'ble Mr. Justice Vineet Saran
Hon'ble (Mrs.) Saroj Bala
Brief facts of this case are that all the appellants have been working as Sub Inspector in the U.P. Police for the last more than ten years. By an order dated 17.5.2007 they were transferred from one police station to another police station. Immediately thereafter the Deputy Inspector General of Police (Establishment), Respondent no.2, passed another order dated 21.5.2007 whereby the appellants-writ petitioners were transferred to Inter State Border Police, Lucknow. Challenging the said order they filed writ petition no. 26423 of 2007, which has been dismissed by the learned Single Judge by Judgment and Order dated 5.6.2007. Aggrieved by the said order, this special appeal has been filed.
We have heard Sri M.A.Khan, learned counsel for the appellants as well as learned Standing counsel appearing for the respondents and have perused the record. With consent of the learned counsel for the parties this special appeal is being disposed of finally at this stage.
It is not disputed by the learned Standing Counsel that the appellants have been working as Sub Inspectors in the U.P. Police for over ten years and that for transferring such Sub Inspectors from one cadre to another, sanction of Inspector General of Police would be required under Para 525 of the U.P. Police Regulations. The writ petition filed by the appellants was dismissed primarily on the basis of some communication dated 3.6.2007 sent by the Deputy Inspector General of Police (Establishment) to the learned Chief Standing Counsel of the High Court pointing out that the sanction of the Inspector General had been given by letter dated 16.5.2007. The communication dated 3.6.2007 was not filed along with the writ petition, as would be clear from a perusal of the order dated 5.6.2007 itself. The said letter dated 3.6.2007 has been filed as Annexure-5 to the affidavit accompanying the stay application filed along with this appeal. A perusal of the said letter goes to show that the same was with regard to the sanction having been accorded by the Inspector General of Police in the case of one Raghubansh Singh, Sub Inspector of Police and not with regard to the appellants-writ petitioners in the instant case. The submission of the learned counsel for the appellants thus has force that sanction of the Inspector General of Police given in the case of Raghubansh Singh would have no relevance with regard to the case of the petitioners and the same could not be construed to be a valid sanction given by the Inspector General of Police for the petitioners, as was required under Para 525 of the U.P. Police Regulations. In the facts of the present case, in our view, dismissal of the writ petition on the basis of sanction having been granted by the Inspector General of Police in the case of some other Sub Inspector does not appear to be justified.
Accordingly, the Judgment and Order dated 5.6.2007 passed by the writ-court deserves to be quashed and is hereby quashed. This Special Appeal thus stands allowed and the matter is remitted back to the writ-court for deciding the writ petition on merits.
Learned Standing Counsel prays for and is granted a month's time to file counter affidavit in the writ petition. The petitioners-appellants shall have two weeks thereafter to file rejoinder affidavit. The writ petition shall be listed before the writ-court immediately after six weeks.
As regards the stay of operation of the order dated 21.5.2007 impugned in the writ petition, it has been submitted by the learned counsel for the petitioners-appellant that in an identical writ petition no. 25722 of 2007 Adil Rasheed Khan vs. State of U.P. and others, wherein also the order dated 21.5.2007 had been challenged, the writ-court, vide its order dated 1.6.2007, had stayed the operation of the order transferring the petitioner of the said writ petition from civil police to Inter State Border Police on the ground of lack of sanction of the Inspector General of Police. In view of the facts and circumstances of this case, we are prima facie of the view that in this case also the order dated 21.5.2007 has been passed without obtaining sanction from the Inspector General of Police as required under Paragraph 525 of the U.P. Police Regulations and as such the same deserves to be stayed. Accordingly, it is directed that till the next date of listing before the writ-court, the operation of the impugned order dated 21.5.2007 shall remain stayed. However, it is clarified that the transfer order dated 17.5.2007, whereby the petitioners have been transferred from one police station to another police station has neither been challenged in the writ petition nor is being stayed.
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