PANKAJ MITHAL, J. ( 1 ) HEARD Sri Vinod Kumar Yadav, learned Counsel for petitioners and learned Standing Counsel for respondents. ( 2 ) THE petitioners are Police Constables in Civil Police, U. P. By the impugned orders dated 26. 11. 2007, 1. 12. 2007 and 7. 12. 2007 (Annexure-1 to the petition) passed by the Inspector General of Police, Allahabad Zone, allahabad, Deputy Inspector General of Police, Jhansi Range, Allahabad and superintendent of Police, Jalaun, respondents Nos. 3, 4 and 5 respectively the petitioners have been directed to join in Armed Police. ( 3 ) ACCORDING to Regulation 525 of the U. P. Police Regulations, only those police constable who have put in more than 2 years of service and not more than 10 years of service are liable to be transferred from civil police to Armed police and vice versa and the submission of the learned Counsel for the petitioners is that the petitioners have completed 10 years of service, therefore, their transfer is in violation of aforesaid Regulation. ( 4 ) THE Apex Court in recent judgment Jasveer Singh v. State of U. P. 2008 (2) ADJ 484 (SC) has held that the U. P. Police Regulations are statutory in character as they have been framed under section 46 of the Police Act, 1861. Therefore, any transfer order passed is breach of the Regulation is illegal. The Court has further held that the second part of the Regulation 525 is not applicable to the transfer of the Constables and the Constables are only covered by the first part of the regulation 525. ( 5 ) SINCE the learned Standing Counsel has on the basis of instructions received by him admits that the petitioners have put in more than 10 years of service as Constables in civil police, the impugned orders of transfer are in violation of statutory Regulation 525 of the U. P. Police Regulations as has been held by me in Civil Misc. Writ Petition No. 63793 of 2007 (Sita Ram and others v. State of U. P. and others ). ( 6 ) ACCORDINGLY, the writ petition is allowed and a writ of certiorari is issued quashing the impugned orders dated 26. 11. 2007, 1. 12. 2007 land 7. 12.
Writ Petition No. 63793 of 2007 (Sita Ram and others v. State of U. P. and others ). ( 6 ) ACCORDINGLY, the writ petition is allowed and a writ of certiorari is issued quashing the impugned orders dated 26. 11. 2007, 1. 12. 2007 land 7. 12. 2007 (Annexure-I to the petition) passed by the Inspector General of Police, allahabad Zone, Allahabad, Deputy Inspector General of Police, Jhansi range, Allahabad and Superintendent of Police, Jalaun, respondents Nos. 3, 4 and 5 respectively in so far as they relate to petitioners. Petition Allowed. .