JUDGMENT

By the Court.—Heard learned counsel for the parties.

2. Leave granted.

3. This appeal is directed against the judgment and order dated 21.11.2003 passed by the Division Bench of the High Court of Judicature at Allahabad affirming the order dated 3.9.2003 of the learned Single Judge whereby the writ petition filed by the appellant herein against his transfer from the civil police to the armed police was dismissed.

4. The limited question that arises for our consideration is : whether a person who has worked in armed police can be transferred to the armed police and vice versa or not. In this connection our attention was invited to the U.P. Police Regulations which have presumably been framed under the Police Act, 1861. This Court had an occasion to examine the legal sanctity of these Regulations in the case of State of Uttar Pradesh and others v. Babu Ram Upadhya, 1961 (2) SCR 679 where it has been held that “Presumably they were also made by the Government in exercise of its power under Section 46(2) of the Police Act.” Therefore these Regulations have a legal sanction under the Police Act as they have been framed under Section 46(2) of the Act and are statutory in nature.

5.