Bihar Vyavsayik Sangharsha Morcha v. State Of Bihar
2003-11-21
RAVI S.DHAVAN, SHASHANK KR.SINGH
body2003
DigiLaw.ai
Judgment 1. The issues raised in the writ petition are otherwise wide, basically about the deteriorating law and order situation in Bihar. No one has come forward to take up the brief on behalf of the Government that after efforts were made all is hunky dory. As far as Bihar is concerned, regarding the law and order situation, there is no peace and tranquility in the State, from north to south and east to west. If peace is to return in the State, a dedicated effort has to be made. The subject, law and order, is the portfolio of the Home Department and the Police Department. 2. A disease which apparently has struck the police department is long term postings of personnel who have managed their postings like tethered to a peg. An officer has remained posted and circles around the peg so that he does not move very far. This leash has to be cut. Otherwise, it gives an impression that these are the result of the fear and favour. 3. Police is an uniformed cadre and in so far as postings are concerned there has to be a regimentation compatible with the uniform which the personnel wears. If it is just a matter that the police administration and the home department needs a spark to begin the process then let the High Court ignite the oxygen to put a motion to make the transfers which have lain dormant. That transfers are long due is accepted. 4. In the counter affidavit which has been filed as a fourth supplementary counter affidavit it is accepted that certain ranks have to see movement on postings in two years or three years. This matter is left to the administration. Suffice it to say that if total movement of officers is to be made to affect those who have been posted at a place for more than three years, this has to be done now, and within fifteen days. 5. The other aspect which was being put as a camouflage before the High Court was that such transfers and postings have got delayed because of promotions which are being processed. What is acknowledged is that periodic promotions were hung up to delay transfers. Both, the circumstances are bad. Denying timely promotion to officers is bad. If an officer is entitled to a promotion he must receive it forthwith without delay.
What is acknowledged is that periodic promotions were hung up to delay transfers. Both, the circumstances are bad. Denying timely promotion to officers is bad. If an officer is entitled to a promotion he must receive it forthwith without delay. Otherwise, such uniformed personnel will feel frustrated specially when comparing themselves with their batchmates in other States, who may have adorned higher ranks. 6. When this case comes up next, the Court would like to see the result of the postings to all ranks of officers who have been at a station for more than three years. 7. Learned A.A.G. 2 made a request that he has very personal pressing engagements between 9 December, 2003 to 17 December, 2003 and that this matter may be listed on 18 December, 2003. Let it be so. 8. Put up on 18 December, 2003. 9. Let a copy of this order be given to A.A.G. 2.