DAYA SHANKAR RAM (CONSTABLE , PNO-892462115) v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO. AND 3 OTHERS
WRIA/10894/2025 · 2025-09-17
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 199388 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 199388 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10894 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J.
1. Heard learned counsel for petitioner and Ms. Parul Bajpai, learned Additional Chief Standing Counsel for opposite parties.
2. Petition has been filed challenging orders dated 26.08.2025 and 01.09.2025 whereby petitioner posted as Constable has been transferred from Sitapur to Agra Range.
3. Learned counsel for petitioner has placed reliance on Paragraph 520 of Police Regulations to submit that Sub-Inspectors and Head Constables are not permitted to stay in a particular district for more than six years and ten years respectively and in a particular police station for not more than three years and five years respectively and the period of stay in the total area is not exceed to five years. It is also submitted that as per order dated 22.06.2017 issued by the department, it has been provided that tenure of a Constable in one District is 15 years. It is submitted that therefore the impugned
order has been passed in violation of aforesaid provisions since petitioner has been transferred within a period of nine years.
4. Learned State counsel has refuted submissions advanced by
learned counsel for petitioner with the submission that the paragraph 520 of Police Regulation does not prescribe any such time limit as is being advanced by learned counsel for petitioner. It is submitted that only the maximum period of posting is indicated and there is no natural corollary to it that we cannot be posted out prior to the aforesaid time limit.
5. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is evident that petitioner is a Constable in the Police Force. The force being a Versus Counsel for Petitioner(s) : M.P. Raju Counsel for Respondent(s) : C.S.C. Daya Shankar Ram (Constable , Pno-892462115) .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And 3 Others .....Respondent(s)
disciplined one is required to submit to the directions issued by higher authorities particularly for maintenance of law and order. Common Rules of transfer therefore will not be applicable in such circumstances.
6. It is also evident that the provisions of paragraph 520 of the Police Regulations as well as the order dated 22.06.2017 does not indicate any aspect that petitioner cannot be transferred out of a district prior to the maximum period indicated. It is also admitted that petitioner has spent a period of nine years in his current place of posting.
7. In such circumstances, this Court does not find any good ground to grant indulgence. Petition therefore fails and is dismissed at the admission stage itself. Parties to bear their own costs.
September 17, 2025 Subodh/- WRIA No. 10894 of 2025 2 (Manish Mathur,J.) Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench