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2008 Supreme(All) 2249

SUDHIR AGARWAL
JAY NARAYAN PRASAD – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Vijay Gautam for the Petitioner; S.C. for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—The impugned order dated 15.6.2005 passed by the Deputy Inspector General of Police, Establishment, U.P. Police Headquarters, Allahabad [hereinafter referred to as the “D.I.G. (Establishment)”] transferring the petitioner, who is working as Assistant Sub-Inspector (Ministerial) in Civil Police Ghazipur having been transferred from Civil Police Ghazipur to P.T.C. Moradabad (P.A.C.) has been assailed in this writ petition mainly on the ground that it is in violation of Regulation 525 of U.P. Police Regulations (hereinafter referred to as the “Regulations”), inasmuch as no prior sanction of Inspector General of Police has been obtained by the D.I.G. The other ground is that Regulation 525 is a self contained provision providing for the conditions in which a constable and police officer can be transferred and if the matter is not covered thereunder, a constable and police officer cannot be transferred at all and for this purpose reliance is placed on the Apex Court’s decision in Jasveer Singh v. State of U.P. and others, 2008(2) ADJ 484 (SC).

2. The facts, in brief, giving rise to the present dispute are that the petitioner was posted as Assistant Sub
























































































































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