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1986 DIGILAW 113 (GAU)

Tikendra Phukan v. State of Assam & Ors

1986-09-20

B.L.HANSARIA, K.LAHIRI

body1986
Lahiri, J.- Register it as a separate Misc. Case. 2. While hearing Civil Rule 798 of 1983 we were taken aback to learn that no law has been made for the rec­ruitment and conditions of service of the subordinate ranks of the police force, that is, the police officers and Police men below the rank of Deputy Superintendent of Police. The Assam Police Service Rule?, 1966 has been framed under Article 309 of the Constitution. It regulates the recruitment and condi­tions of service of the police officers holding the rank of Deputy Superintendent of Police and above. Apart from the archaic rules contained in the Assam Police Manual, Part-III, paragra­phs 11, 12, 13, 32 to 36, 39, 40, 41, 57, 61 and other relevant pro­visions contained in the Police Manual, framed by the Inspector General of Police u/s. 12 of the Police Act, 1861, there is no statutory rules governing the service conditions of the subordi­nate ranks of the police force. Section 12 appears to be a provision which empowers the Inspector General of Police, sub­ject to the approval of the State Government, to frame such orders and rules which are expedient relating to the organisa­tion, classification and distribution of the Police Force, the places at which the members of the Force shall reside, and the particular services to be performed by them, their inspec­tion and so forth. The Section cannot, and it appears, does not, empower the Inspector General of Police to make any rules for regulating the recruitment and the conditions of service. At any rate, after the coming into force of the Constitution of India, if appears to us, the appropriate rules should have been framed under proviso to Article 309 of the Constitution. A bird's eye view of the Orders and regulations incorporated in the Assam Police Manual shows clearly that they are archaic and there is no canalised system for recruitment nor do they specify the conditions of service of the police men and officers belonging to the subordinate rank. Of course, this is our tenta­tive view. 3. In State of Rajas than vs. Ram Saran, AIR 1964 SC 1361 , a question came up for consideration as to whether the stan­ding orders issued by the Inspector General of Police, Ajmer u/ss. Of course, this is our tenta­tive view. 3. In State of Rajas than vs. Ram Saran, AIR 1964 SC 1361 , a question came up for consideration as to whether the stan­ding orders issued by the Inspector General of Police, Ajmer u/ss. 2 and 12 of the Police Act, 1861 were statutory Rules or had statutory basis or legal efficacy and whether could they be treated as service conditions. Their Lordships have inter alia observed that the orders and Rules referred to in Section 12 of the Police Act, 1861 have nothing to do with the deter­mination of the service conditions of the officers recruited to the Police Force. It has been held that u/s. 2, the State Govern­ment is empowered to frame Rules regulating the conditions of service of the members of the Police Force, and the authority is not the Inspector General of Police. The standing order issued by the Inspector General of Police was, therefore, not treated as a condition of service having legal efficacy and in the event of its non-observance by the subordinate ranks of the Police Force it could not be the subject of a complaint. 4. We feel that the State Government should frame appro­priate rules regulating the recruitment and conditions of service of the subordinate ranks of the Police Force. It is for the well-being of the people as well as the Government and the subordinate ranks of the Police Force that there should be a set law regulating the recruitment and conditions of service of the subordinate ranks of the Police Force, We have consi­dered the observations of tae Supreme Court in Superintendent of Police, Manipur vs. R. K. Tomalsana Singh, AJR 1984 SC 53S, where their Lordships dealt with the Assam Police Manual as adopted by the State of Manipur. 5. We feel that appropriate Rules should be framed under the proviso to Article 309 of the Constitution of India. We draw the attention of the State Government in this regard to enable it to take such steps as it may consider necessary for the purpose of framing statutory rules in accordance with the proviso to Article 309 of the Constitution. 6. We have reordered this order upon hearing Mr. P. G. Barua, learned counsel for the petitioner and Mr. A. K. Phukan, learned Additional Senior Government Advocate, Assam. 7. 6. We have reordered this order upon hearing Mr. P. G. Barua, learned counsel for the petitioner and Mr. A. K. Phukan, learned Additional Senior Government Advocate, Assam. 7. Let a copy of this order be sent to the Chief Secre­taries of the States and Union Territories within the jurisdic­tion of the High Court for doing the needful. 8. With these observations and directions, the case is disposed of.