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Court held that as per the Police Act, 1861 there is one Police Force in the State and all other Police Force are included therein.
The Allahabad High Court on Thursday upheld the transfer of the constables and head constables in Uttar Pradesh Provincial Armed Constabulary (UPPAC) to the civil police. Court observed that the PAC and Civil or Armed Police are part of the same force and cannot be termed as separate.
The bench of Justice Saurabh Shyam Shamshery held that the Preamble and Section 2 of the Police Act, 1861, contemplates that the entire Police Establishment including the PAC shall be deemed to be one Police Force.
Court reasoned that the Uttar Pradesh Pradeshik Armed Constabulary Act, 1948 has been enacted in furtherance of the Police Act, 1861 and its Section 5 specifically provides Members of Provincial Armed Constabulary to be deemed Police Officers.
Therefore, Court opined that Rule 25 of Uttar Pradesh Pradeshik Armed Constabulary Subordinate Officers Service Rules, 2015, which contemplates transfer within PAC cannot be construed as such that it imposes a bar on transfer from PAC to Civil Police and vice versa. "...any contrary interpretation will be in the teeth of Section 5 of UPPAC Act, 1948", Court said.
Many officers of UPPAC, posted at various Districts of Uttar Pradesh, were transferred to Civil Police in various Zone/ Commissionerate. Challenging their transfer orders, the constables, and head constables moved the high court.
The counsel for the petitioner argued that the constables and head constables appointed in UPPAC have an independent cadre different from the cadre of constables and head constables of the Armed Police. He, therefore, contended that the petitioners could not be treated as one cadre as it would adversely affect their inter se seniority as well as their legible right of promotion.
He further submitted that the source of recruitment is also different for Civil Police and PAC and it is regulated by different sets of rules.
On the other hand, the Additional Advocate General asserted that the Police Act, 1861 applies to all the police of the State including UPPAC, and according to Section 2 of Act, 1861 they are deemed to be one Police Force.
He further submitted that Section 3 of Act, 1861 provides for Superintendence of Police to vest in the State and shall be exercised by State Government.
On the point of the recruitment process, he submitted that the selection procedure followed for recruitment in UPPAC is same as being followed for recruitment of constable in Civil Police with the exception that constables of PAC are sent for special training that is armoury for seven months.
To reach its conclusion, Court referred to the Police Act, 1861 and held that there cannot be a dispute that according to the Act, 1861 there is one Police Force in the State and all other Police Force are included therein and for that Regulation 396 of U.P. Police Regulations is framed under Act, 1861.
"The Police Force consists of Provincial Police, Civil, Armed and Mounted, Government Railway Police and Village Chowkidars. Therefore, PAC is a part of one Police Force," Court stated.
Moreover, Court rejected the argument raised by the counsel for the petitioners that recruitment of Armed Police and PAC are in accordance with different set of rules and in case of inter se transfer it would affect the seniority in Civil Police and PAC. Court said that the argument did not hold much substance as the transfer itself does not disturb the inter se merit of the Armed Police and PAC.
In view of the above findings, Court found no illegality, error or irregularity in the transfer order under challenge and accordingly, dismissed the writ petitions.
Case Title: Sunil Kumar Chauhan And 186 Others v. State Of U.P. And 5 Others with other connected matters
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