JUDGMENT Rakesh Tiwari, J.
1. Heard counsel for the parties and perused the record.
2. The petitioners were appointed as Constables in Civil Police branch in the State of Uttar Pradesh. They were transferred from Civil Police Branch to the Armed Police Branch of the Police Department and have come to this Court against the order of their transfer. It is alleged that the order of transfer of the petitioners from civil police to armed police in exercise of powers under Regulation 525 of the U. P. Police Regulations is illegal and is in violation of the aforesaid provisions. Regulation 525 of the Police Regulations is as under :
"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 period not exceeding six months in any one year. All armed police constables of over two years' service and civil 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 of 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 Police requires the sanction of the Inspector General."
3. The contention of the counsel for the petitioners is that they have put in more than 10 years of service respectively in the Civil Police Branch and have been transferred to Armed Police Branch without any rhyme and reasons. It is next submitted that Regulation 525 of the Police Regulations lays down that constable having put in more than 10 years' service can be transferred to other branch of the police department only with the sanction/approval of the Inspector General of Police hence.sanction granted by the Inspector General of Police of Kanpur Zone for transferring the petitioners from Civil Police Branch to the Armed Police Branch is illegal and without jurisdiction. In nut-shell the case of the petitioners is that the Inspector General of Police, Kanpur Zone, Kanpur has no power and the transfer order is without jurisdiction and has been passed in utter violation of the Regulation 525 of the U.P. Police Regulations.
4. Counter-affidavit has been filed by Deputy Superintendent of Police, Fatehgarh, District Farrukhabad. In para 6 of the counter-affidavit it has been stated that the transfer order of the petitioners was passed after taking approval from the Inspector General of Police, Kanpur Zone, Kanpur vide order dated 23.10.2003. The standing counsel submits that under para 2 of the Police Regulation 525 it is necessary to take prior permission/ approval before transferring the constable from one branch to another. In the present case the approval of the Inspector General, Kanpur Zone, Kanpur was taken prior to transferring the petitioners from civil police to armed police and as such there is no violation of para 525 of the Police Regulations. It is urged that the transfer order in the aforesaid circumstances is legal and in accordance with law. It is further submitted that there is no need to state the reasons of transfer under the Police Regulations as the petitioners are members of the disciplined force and it is not denied that their services are transferable. They have already been relieved from their places of transfer. Even otherwise, in para 13 of the counter-affidavit it has been averred that the petitioners have an alternative remedy to approach the U. P. Public Services Tribunal which has not been availed by them.
5. From reading of para 525 of the Police Regulations it is evident that the services of the petitioners are transferable and para 525 authorises the Superintendent of Police for transferring the constables having put in less than ten years' service. The regulation is silent for transferring the constables having put in more than 10 years' service. Hence, those constables who have put in 10 years' service can be transferred by an authority who is not lesser in rank than the Superintendent of Police. In the instant case, the services of the petitioners have been transferred by Superintendent of Police with approval of Inspector General of Police. The order itself states that it was being done with approval of Inspector General of Police.
6. Counsel for the petitioners has further submitted that in paras 397 and 398 of the U. P. Police Regulations the constables are defined as Non-Gazetted Officers of the force. The word used in para 525 of the Police Regulations is Police Officers which goes to show that in cases of Police Officers above the rank of Inferior Officers or Non-Gazetted Officers of the force approval is required to be taken. As stated above transfer order was passed with approval of Inspector General of Police. The transfer order has been passed by competent officer and there is no illegality in the impugned order.
7. The petitions are dismissed. No order as to cost.