Allahabad Court March 2014 Judgments
Om Prakash Singh and Others Vs. State of U.P. Through Its Principal Se ...
Court: Allahabad
Decided on: Mar-07-2014
Dr. D.Y. Chandrachud, C.J. On 2 September 2011, a Division Bench of this Court has referred two questions of law for consideration of the Full Bench: (1) Whether a police constable working in the civil police who has rendered service for more than ten years cannot be transferred to another branch in view of the provisions of Regulation 525 of the Uttar Pradesh Police Regulations in view of the decision of the Supreme Court in Jasveer Singh Vs. State of U.P. and Ors.1 (2) Whether the government railway police and civil police constitute one cadre or different service cadres. 2. The controversy before the Court revolves around the provisions of Regulation 525 of the Uttar Pradesh Police Regulations. Regulation 525 provides as follows: "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 const...
Tag this Judgment!Babu (Deceased and Represented by His Lrs.) Vs. Khudial Qayum and Anot ...
Court: Allahabad
Decided on: Mar-05-2014
1. The appeal has been restored to original number vide order of date passed on restoration application, as requested by learned counsel for the parties, I proceed to decide finally at this stage. 2. Heard Sri J.H.Khan, learned counsel for the appellant and Sri M.A.Qadeer, Senior Advocate, assisted by Sri Shamim Ahmad, Advocate for respondents 1 and 2. 3. This is defendant's second appeal. This appeal was presented in this Court on 2.2.1978. No substantial question of law have been set out in memo of appeal and while admitting it on 2nd February, 1978, this Court also did not formulate any substantial question of law. 4. In view of express provision, appeal, as available on record, is not in accordance with Section 100 C.P.C. and hence not maintainable. 5. Under Section 100 of Code, a second appeal can be entertained by this Court only if it involves substantial question of law. In other words it does not confer any jurisdiction on this Court to interfere with pure questions of fact, w...
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