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2008 Supreme(All) 1727

SUDHIR AGARWAL
CHUNVAD PANDEY – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


JUDGMENT

Hon’ble Sudhir Agarwal, J.—Heard learned Counsel for the petitioner and learned Standing Counsel.

2. The petitioner was transferred from civil police to armed police by the order passed by Deputy Inspector General of Police, Jhansi Range, Jhansi on 19.4.1989. It is not disputed that the said order was carried out in 1989 and since then the petitioner is working in Armed Police. The present writ petition has been filed in 2008 and the petitioner has sought to explain laches of almost nineteen years by stating that in the year 2007 he made a representation to the higher authorities which has been rejected on 1.3.2008 and, therefore, he is not guilty of laches and this petition should be entertained by this Court.

3. Learned Counsel for the petitioner also submitted that a constable who has worked for less than ten years can only be transferred from Civil Police to Armed Police as contemplated in para 525 of U.P. Police Regulations and any transfer contrary thereto is illegal in view of the judgment of the Apex Court in Jasveer Singh v. State of U.P., 2008(1) ESC 158 (SC) : 2008(2) ADJ 484 SC and, therefore, the petitioner is entitled for similar treatment. In my view, the submi



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