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(e) Traffic Sub-Inspector in districts."

7. Learned Senior Advocate further submitted that Armed Police, which is a part of Civil Police, is regulated under Act, 1861 and their transfer are regulated in terms of Regulation 525 of U.P. Police Regulations. The source of recruitment is also different for Civil Police and PAC and are regulated by different set of Rules. It was further argued that in the year 2018 the State Government had issued a Government Order dated 12.01.2018 and Clause 7 thereof provides that before transferring to a Constable and Head Constable from PAC to District Civil Police, application would be invited from willing Constable/Head Constable and seniority list, as per age, would be prepared. Learned Senior Advocate placed much trust on Clause 5 of said Government Order that, for the purpose of above it was recommended to have suitable amendments in PAC Rules, therefore, it was the stand of Government that without suitable amendments in PAC Act, 1948 any procedure to transfer Constable/ Head Constable from PAC to Civil Police cannot be undertaken and it is admitted case that till date no amendment in this regard is carried out. Learned Senior Advocate also placed reliance on source of recruitment of Constables and Head Constables under U.P. Civil Police and UPPAC to state that both have different procedure. The relevant rules regulating recruitment under Rules, 2015, erstwhile UPPAC Rules, 2008 and UPPAC Rules, 2015 are mentioned hereinafter:

"396. The Police force Consists of the following bodies:

(1) Provincial Police, Civil, Armed and Mounted.

(2) Government Railway Police (3) Village Chaukidars Appointed and enrolled under Act V of 1861.

Appointed in Agra under Act XVI of 1873 and in Oudh under Act XVIII of 1876. Not enrolled under Act V of 1861."

"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 constable of more than two and less than ten years' service may be transferred to the armed police and vice versa by the Superintendent for a period not exceeding six months in any one year. All armed police constables of over two years' service and civil police constables of over two and under ten years' service may be transferred to the other branch of the force for any period with the permission of the Deputy Inspector-General.

21. Now the Court proceeds to consider the argument with regard to Rule 41 of erstwhile UPPAC Rules, 2008 and Rule 25 of UPPAC Rules, 2015, which provides that, Head Constables and Constables may be transferred or posted within PAC by order of PAC Establishment Board.

22. Rule 25 of UPPAC Rules, 2015 contemplates transfer within PAC, however, it does not bar or make any estoppel that in any circumstances the officers of PAC cannot be transferred from PAC to Civil Police despite PAC being a part of one Police Force in the State. Rule 30 of UPPAC Rules, 2015 provides overriding effect of anything to the contrary, however, the power of rule is taken from Section 15 of UPPAC Act, 1948 and Section 5 thereof specifically declares the Member of PAC to be deemed police officers and provisions of Act, 1861 in so far as they are not inconsistent with UPPAC Act, 1948 apply to Members of PAC. Reference to Rule 3(n) of UPPAC Rules, 2015 is also necessary, which defines a ''Subordinate Officer of the PAC', which includes Constable and Head Constable. Therefore, provisions of all above referred Acts and Rules have to be read harmoniously and in absence of any specific inconsistency the wider meaning has to be applied.

(IV) U.P. Police Regulations, which are framed under Police Act, 1861, have statutory character having force of law and its regulations provide that Provincial Armed Police shall fall under the Police Force and Constables may be transferred from Armed to Civil Police or vice versa.

(V) The above referred judgments also support to the above findings. The State Government has protected the avenues of petitioners even after their transfer to Civil Police. The interpretation of different Acts and Rules have to be purposive in nature and in furtherance of their objects and in absence of any specific repeal or any provision to overrule the provisions of Police Act, 1861 and U.P. Police Regulations, the Constables and Head Constables in PAC, being deemed Police Officers and part of one Police Force, can be transferred from PAC to Civil Police and vice versa.