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Frame uniform policy on transfer

IN A significant order, the Allahabad High Court has directed the principal secretary (home), UP, to frame a uniform policy regarding transfer and repatriation from armed police to civil police.

Published on: May 17, 2006 12:06 AM IST
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IN A significant order, the Allahabad High Court has directed the principal secretary (home), UP, to frame a uniform policy regarding transfer and repatriation from armed police to civil police.

HT Image
HT Image

Passing this order, Justice AP Shahi said such a policy should be framed after consultation with director-general of police and necessary directions be issued for its implementation thereof. This order has been passed on a writ petition filed by Uma Shankar Tiwari and several others, who are constables and have claimed they deserve to be repatriated and transferred to civil police in view of Regulations 525 of UP Police Regulations. Appearing on behalf of the petitioners, Ashok Pandey submitted before the court that the said regulations were not being complied with and there was no consistent policy adopted by the authorities. Therefore, the action of respondents in this regard was discriminatory and violative of Article 14 of the Constitution. The court has directed to list the case after six weeks by which time the State government may file a reply (counter affidavit) bringing on record the decision taken in the light of observations of the court.

Dismissing the writ petition, a division bench comprising Justice RK Agrawal and Justice Sanjay Mishra observed, “We are of the considered opinion that there is ample power with the Committee of Management to decide as to whether in order to meet an emergent situation the officiating principal should be permitted to discharge the function or not. If the Committee of Management, in its wisdom, in order to control the damage and to restore the normalcy, decides not to take work from the officiating principal for a temporary period and instead directs somebody else to take control, it cannot be said that the said action is wholly without jurisdiction’.

 
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