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2014 Supreme(All) 541

D. Y. CHANDRACHUD, UMA NATH SINGH, D. K. ARORA
OM PRAKASH SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
A.P. Singh for the Appellants; Ms. Sangeeta Chandra, Addl. CSC for the Respondents.

JUDGMENT

Hon’ble Dr. D.Y. Chandrachud, C.J.—On 2 September 2011, a Division Bench of this Court has referred two questions of law for consideration of the Full Bench:

(1) Whether a police constable working in the civil police who has rendered service for more than ten years cannot be transferred to another branch in view of the provisions of Regulation 525 of the Uttar Pradesh Police Regulations in view of the decision of the Supreme Court in Jasveer Singh v. State of U.P. and others, 2008(2) ADJ 484 (SC) : 2008(1) ESC 158 (SC).

(2) Whether the government railway police and civil police constitute one cadre or different service cadres.

2. The controversy before the Court revolves around the provisions of Regulation 525 of the Uttar Pradesh Police Regulations. Regulation 525 provides as follows:

“525. Constable of less than two years’ service may be transferred by the Superintendent of Police from the armed to the civil police or vice versa. Foot police constables may be transferred to the mounted police at their own request. Any civil police constable of more than two and less than ten years’ service may be transferred to the armed police and vice versa by the Superintendent for a pe

















































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