JUDGMENT Arun Tandon, J.
1. Learned counsel for the petitioner is permitted to implead Inspector General of Police, Kanpur Zone, Kanpur as respondent No. 3 during the course of the day.
2. Heard Sri M.P. Rai, Advocate on behalf of the petitioner and learned Standing Counsel on behalf of respondents.
3. The petitioner, who is working as Constable in civil branch of the U.P. Police Subordinate Services, is aggrieved by an order of transfer, dated 23rd January, 2006, passed by the Senior Superintendent of Police, Agra where under the petitioner has been transferred, for a period of six months, to the armed branch of U.P. Police.
4. On behalf of the petitioner ft is contended that the impugned order of transfer, runs contrary to Regulation 525 of the U.P. Police Manual and therefore, is unsustainable in the eyes of law. The petitioner has put in more than ten years of service in CMI Police, therefore he cannot be transferred to any other branch.
5. For considering the controversy raised by the petitioner, it would be relevant to re-produce Regulation-525 of the Police Mannual, which reads 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 won 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 period not exceeding six months in any one year. All armed police constables of over two years' service and civil police constables of over two and under ten years service may be transferred to the other branch of the force for any period with the permission of the Deputy Inspector-General.
In all other cases the transfer of police officers from one branch of the force to another or from the police service of other Provinces to the Uttar Pradesh requires the sanction of the Inspector-General" Regulation-525 is in three parts:
(i) First parts deals with constables, who have put in two years of service only.
(ii) Second parts deals with constables, who have put in more than two years but less than ten years of service.
(iii) Third parts deals with ail other cases of transfer of Police officers, which includes constable, not covered by the first and second clauses of Regulation-525, inasmuch as the second paragraph of Regulation 525 starts that the words 'in all other cases', meaning thereby that the categories of police officers not covered by the first- two causes, can be transferred under last clauses of Regulation-525.
6. In view of the aforesaid, the contention raised on behalf of the petitioner that there cannot be a transfer of the petitioner from one branch to another as he has put in ten years of service as constable in Civil Branch, cannot be accepted. This Court holds that constables, who have put in more than ten years of service are covered by the last clause of Regulation-525 and such constables can be transferred from one branch to another, subject, however, to the conditions mentioned in the last clause of Regulation-525.
7. The last clause, however, provides that in all other cases, transfer requires the sanction of the Inspector General of Police, it is to be kept in mind that the word 'prior' is not prefixed to the word 'sanction. Meaning thereby that prior sanction of the Inspector General of Police is not contemplated by Regulation-525 and therefore, sanction can be obtained/granted by the Inspector General of Police subsquent to the Issuance of the order of transfer in respect of police officers, covered by last cause of Regulation-525. However, the Inspector General of Police is required to consider and decide for himself as to whether sanction should be granted or not and therefore, it is necessary that records in respect of transfer of police officers over ten years of service be placed before the Inspector General of Police for necessary application of mind as to whether sanction is to be granted or not at the earliest.
8. In view of the aforesaid, the present writ petition is devoid of merits and is accordingly dismissed subject to the observations that papers pertaining to the transfer of the petitioner and other constables of more than ten years of service be placed before the Inspector General of Police for consideration of the sanction so directed in the matter in accordance with Regulation-525 of the U.P. Police Mannual, preferably within two weeks, from the date a certified copy of this order is filed before the Senior Superintendent of Police, Agra. On receipt of the aforesaid, the Inspector General of Police shall pass appropriate orders either refusing or sanctioning the transfer, by means of a reasoned speaking order, at the earliest possible.