High Court of Judicature at Allahabad
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Vijai Singh v. State Of U.P.& Others - WRIT - A No. 37630 of 2000  RD-AH 9722 (21 May 2007)
Hon'ble Vineet Saran, J.
The petitioner was appointed as a Sub Inspector in the Civil Police in the year 1973-74. He is aggrieved by an order dated 16.8.2000 passed by Inspector General of Police (Establishment), Respondent no.3 whereby the petitioner has been transferred from Civil Police to Special Investigation Branch Agriculture Cell, Lucknow.
I have heard Sri Siddharth Khare, learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondents and have perused the record.
The submission of the learned counsel for the petitioner is that the petitioner was selected in the Civil Police and could not have been transferred or even sent on deputation to the Special Investigation Branch Agriculture Cell without his consent. In the alternative it has been submitted that in terms of the Government Order dated 31.12.1999 a Sub Inspector of Inspector of Civil Police, who has been sent to the Special Investigation Branch, shall not be retained for more than five years unless the said person gives his consent for being retained for a period of over five years. The submission is that the petitioner has never given his consent for being transferred to the Special Investigation Branch Agriculture Cell and as such the question of giving consent for being retained there beyond the period of five years does not arise.
Since the petitioner was transferred to the Special Investigation Branch Agriculture Cell in the year 2000 and now he has already served there for more than seven years, I am not going to the question as to whether the initial transfer of the petitioner was proper or not. However, in view of the Government Order dated 31.12.1999 it is clear that the petitioner could not have been retained in the Special Investigation Branch for a period beyond five years, which has already expired in the case of the petitioner, as such the Director General of Police, U.P., Lucknow, Respondent no.2 is directed to pass appropriate orders, in accordance with law, after considering the Government Order dated 31.12.1999 for placing the petitioner in the Civil Police. Such order shall be passed by the Respondent no.2 within a period of one month from the date of filing of a certified copy of this order before him.
This writ petition stands allowed to the extent indicated above. No order as to cost.
w.p. 37630 of 2000
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