D.K Seth, J.:— The order of transfer dated 5-6-1977 contained in annexure - 3 to the writ petition, is under challenge.
2. Mr. Rajendra Narayan, learned counsel for the petitioner, assails the order impugned on the grounds, firstly, that the transfer being a transfer from one region to another region, it is to be done only by the Inspector General of Police (Headquarter) in view of Regulation 1-A(i) and therefore, Inspector General (Zone) is incompetent to pass the said order of transfer in view of the said regulation; secondly, that the petitioner was originally posted in Garhwal Region and on his application on the ground of his aliment, he was transferred to plain at Ghaziabad.
3. In case he is again transferred to Garhwal region as has been sought to be done by the impugned order, his life would be in danger. Certain medical certificates have been relied on by the petitioner in support of this contention. Learned counsel for the petitioner submits that the petitioner is prepared to go on transfer anywhere in the State of U.P except to any hill region.
4. Mr. D.R Choudhary, learned Addl. Chief Standing Counsel on the other hand, contends that Regulation 1-A has to be read with Regulation 520 of the Police Regulations. In view of Regulation 520, it is the Inspector General (Zone) who is competent to affect inter-regional transfer. According to him, there is no infirmity in the order impugned and the order is by the authority competent to do so. In regard to second point, Mr. Choudhary submits that if suitable representation is made by the petitioner in this regard, the same may be considered by the authority concerned.
5. After having heard learned counsel for the parties, it appears that by virtue of Regulation 1-A of the Police Regulations, certain powers were given to Additional Inspector General. The said provision contains that Addl. Inspector-General shall have power to transfer non-gazetted officers of the region under them. The inter-region transfer will be done at the Police Headquarter level. The said regulation pre-supposes that the Additional Inspector General was Incharge of the region and they could transfer officers intra region, but inter-region transfer was to be made by the Police Headquarter. Now on account of phenomenal increase of the post, change in administrative set up and allocation of business having been affected, the post of Inspector General is now being held by Director General of Police, who is over all incharge of the whole force, whereas Inspector General has been entrusted with different Zones consisting of certain regions. It is admitted by the learned counsel for parties that a zone consists of several regions and the transfer is within the zones, then it cannot be said that the Inspector General is not competent to pass the order in view of Regulation 1-A(1). Police Headquarter was used in the said regulation at a point of time when the Additional Inspector General was Incharge of the region. Be that as it may, Regulation 1-A cannot be read independent of Regulation 520 contained in Chapter 34, which deals with transfer. A particular chapter having been assigned for a particular purpose namely transfer, the same would prevail, if there is any contradiction in between the two provisions, though in my view there is no contradiction in the said two provisions. If the two provisions are reconciled and read together, in that event as it appears from Regulation 520, there is no difference in between. In Regulation 520 same situation subsists namely it proceeds on the basis that Inspector General is Incharge of the whole force. Regulation 520 prescribes that Inspectors, Sub-Inspectors, Head Constables and Constables within the range can be transferred by the Deputy Inspector General of the Range. Both the counsel admit that range and region are synonym. Deputy Inspector General is Incharge of a region and is serving under Inspector-General of the zone, under whom there are certain regions or ranges. Therefore, the posting and transfer of constables can very well be made within the zone by the Inspector-General (Zone). Therefore, the first point as contended by Mr. Narayan cannot be sustained.
6. So far as the second point is concerned, on the basis of the medical certificates annexed, it is not possible to conclude that ailment of the petitioner is so serious that he is unable to withstand cold and height of the hill-region. Under the circumstances, it would be open to the petitioner to make suitable representation in this regard before the Inspector-General (Zone) within a period of three weeks from date. If such representation is made, in that event the petitioner should be got examined by the Chief Medical Officer for ascertaining as to whether he is unable to withstand cold and height of Garhwal region. If it is found that he is indeed unable to withstand cold and height of the hill region, then the Inspector-General (Zone) shall consider the question of petitioner's transfer to any other place other than hill regions. Such consideration is to be effected as early as possible preferably within a period of four months. Till such decision, the petitioner shall not be compelled to join the transferred post.
7. With the above observations, this writ petition is finally disposed of. No orders as to costs.
8. Let a certified copy of this order be issued to the learned counsel for the petitioner on payment of usual charges within 24 hours.