IMPORTANT POINT
The central legal principle established in the judgment is the imperative need for adherence to Rule 523 of the U.P. Police Regulations in transfer and relieving orders, emphasizing the significance of uniformity, consistency, and transparency in administrative actions.

JUDGMENT :

1. The facts of both the petitions are similar, and the prayers made thereof are also similar; therefore, both the petitions are being decided by this common judgment.

2. I have heard Shri M.P. Raju and Shri Anupam Shukla, learned counsel for the petitioners, learned Standing Counsel for the State-respondents in respective petitions, and perused the records.

3. The Writ-A No.265 of 2024 has been filed with a prayer to quash the impugned relieving order dated 14.11.2023 passed by the Deputy Commissioner of Police, Lucknow, as well as the transfer order dated 5.6.2023 passed by Deputy Inspector General of Police (Karmik), Lucknow. A further prayer has been made to direct the respondents to allow the petitioners to work on the present place of posting and pay their salary regularly every month.

4. Learned counsel for the petitioners in the aforesaid writ petition submits that the impugned order dated 14.11.2023 passed in pursuance of the transfer order dated 5.6.2023 is illegal and arbitrary. The relieving order dated 14.11.2023 has been passed in defiance of Rule 523 of the U.P. Police Regulations. The petitioners have also raised certain personal reasons for not complying with the impugned order dated 14.11.2023. He further submits that while issuing the transfer orders and thereafter relieving orders, no uniform policy has been adopted by the Department, and that is why the favoritism and non-application of mind are reflected in the impugned order. Learned counsel further states that Chapter XXXIV, Rule 523 of the U.P. Police Regulations mandates the issuance of a relieving order within 10 days after the passing of the transfer order.

5. Another Writ-A No.268 of 2024 has been filed with the prayer to quash the impugned transfer order dated 27.5.2023 as well as relieving orders dated 6.11.2023 and 15.12.2023. A further prayer has been made to direct the respondents to permit the petitioners to discharge their duties at the present place of posting till academic session 2023-24 (April 2024).

6. Learned counsel for the petitioners further submits that the impugned order dated 14.11.2023 passed in pursuance of the transfer order dated 5.6.2022 is illegal and arbitrary. The relieving order dated 14.11.2023 has been passed in defiance of Chapter XXXIV, Rule 523 of the U.P. Police Regulations. He further submits that while issuing the transfer orders, and therefore relieving orders, no uniform policy has been adopted by the Department, and that is why the favoritism and non-application of mind are reflected in the impugned order. Learned counsel further states that Rule 523 of the U.P. Police Regulations mandates issuing a relieving order within 10 days after passing the transfer order.

7. In both the writ petitions, the learned counsel for the parties has drawn the attention of this Court to the Rule 523 of the Chapter XXXIV of the U.P. Police Regulations. Rule 523 contained in Chapter XXXIV of the U.P. Police Regulations is outlined herein under:

"On receipt of an order of transfer of a subordinate officer to another district the Superintendent will arrange to relieve him to his duties within.

Officers transferred are entitled to joining time, but the Superintendent may not grant leave to an officer under order of transfer.

An inspector relieved on transfer from another district is entitled to sign a certificate of taking over charge from the date of arrival in the new district. If the officers to be relieved cannot be present at headquarters, the charge certificate should be signed for him by the Superintendent of Police, or, in his absence, by an Assistant Superintendent of Police or Deputy Superintendent of Police. The effect of this will be that an officiating officer will be considered to have been reverted, and permanent incumbent's joining time or leave or discharge, will be counted from the date on which the relieving officer takes over charge."

8. Learned counsel for the petitioners has also relied upon the office order