Rajesh Kumar Chandra, Son of Late Prithivi Chandra Sah v. State of Bihar through the Chief Secretary, Govt. of Bihar, Patna
2019-01-07
ASHUTOSH KUMAR
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DigiLaw.ai
JUDGMENT : 1. Heard Mr. Bindhyachal Singh, learned counsel for the petitioners and Dr. Anand Kumar, learned AC to AAG-3. 2. The petitioners, who are 132 in number, have approached this Court for a direction to the Director General of Police, Bihar Military Police (BMP in short) to relieve the petitioners from their respective battalions to facilitate their joining as Literate Constable (Operation) in the Bihar Police Radio Organization in terms of Memo No. 317 dated 16.02.2017 issued by the Additional Director General of Police (Wireless and Technical Services), Patna as also for setting aside the order dated 01.03.2017 issued by the Additional Director General of Police, BMP, whereby the relieving of the petitioners for their joining in Bihar Police Radio Organization has been forestalled. 3. The Director General of Police, vide his wireless message dated 23.09.2014 intimated to the heads of the District Forces and Units to forward such applications of interested Constables for the purposes of their absorption on the post of Literate Constable (Operation) in Bihar Police Radio Organization. A direction, therefore was issued to obtain the willingness of such Constables having requisite qualification which was enumerated in the aforesaid wireless message. The service particulars of the willing candidates, after applying the roster and reservation, was directed to be submitted to the Director General of Police. The reason for issuance of such wireless message was lack of sufficient strength in the Bihar Police Radio Organization for effective transmission of Police decisions in various units. It was also made known to the Heads of the District Units that in the cadre of the Bihar Police Radio Organization, there would be promotional avenues and therefore many Constables in the District Police as also BMP Units would be interested in the same. Pursuant to the aforesaid wireless message, the willingness of the candidates (Constables) was obtained. The petitioners gave their willingness and on scrutiny of their academic qualification and otherwise suitability for being absorbed in the Bihar Police Radio Organization, they were recommended. The List of recommendees included 370 candidates, some of whome were taken from the District Police Unit whereas others including the petitioners were selected from various units/batallions of BMP. 4.
The petitioners gave their willingness and on scrutiny of their academic qualification and otherwise suitability for being absorbed in the Bihar Police Radio Organization, they were recommended. The List of recommendees included 370 candidates, some of whome were taken from the District Police Unit whereas others including the petitioners were selected from various units/batallions of BMP. 4. Before they could be absorbed, by letter dated 01.03.2017, Additional director General of BMP, Patna wrote to the Director General of Police stating that in the present times, a large number of posts of Constables in BMP is lying vacant and the strength of the Constables is much below the operational strength. Under such circumstances, taking out Constables from such BMP Units for being absorbed in Bihar Police Radio Organization would not only demoralize the Police Force but would also affect the administration of Policing in nexalite/terrorist infested areas. 5. A request, therefore was made to the Director General of Police to reconsider the absorption of such selected Constables from the BMP Units in Bihar Police Radio Organization. 6. Pursuant to the aforesaid letter, the further absorption after 181 Constables from the BMP Units and thereafter 11 Constables from the list of 370, was stopped. 7. Hence, this writ petition directing the respondents to give effect to the wireless message to the Director General of Police and the selection process by which 370 Constables including the petitioners have been selected for being absorbed in the Bihar Police Radio Organization. 8. During the course of argument, a Bench of this Court was made to understand that if the number of Constables in the BMP Units would fall down, it would have cascading effect on the Policing in the State of Bihar. 9. On the contrary, learned counsel for the petitioners has informed this Court that several appointments of Constables have been made in phased process and now the strength of the BMP Units is not as low/less as is being projected. 10. Based on the aforesaid submissions on behalf of the parties, a Bench of this Court directed the State counsel to furnish information with regard to the number of vacancies in the BMP Units of the State of Bihar. 11. The last of the counter affidavits which have been filed, indicates that most of the posts have been filled up but as on date, approximately 2500 posts of Constables are vacant.
11. The last of the counter affidavits which have been filed, indicates that most of the posts have been filled up but as on date, approximately 2500 posts of Constables are vacant. A Committee also, it has been informed, reviewed all such information and came to the conclusion that with the present strength of BMP Constables, it would not be desirable for the rest of the 370 selected candidates/Constables to be absorbed in Bihar Police Radio Organization. 12. Mr Bindhyachal Singh, learned counsel for the petitioners has submitted that the Committee which reviewed the strength position of the BMP Units completely misdirected itself in not considering the vacancies in the Bihar Police Radio Organization for making an effective comparison between the number of vacancies in these two organizations. 13. It has further been submitted that full strength of Bihar Police Radio Organization would be equally important for effective administration of Policing as the movement of the Police force/their placement is primarily based and made effective on effective communication which is controlled by the Bihar Police Radio Organization. It has also been submitted that for the 2500 posts of Constables which are still vacant, process has been initiated for filling up those posts. 14. In such event, in view of the specific statement made by the Director General of Police in his wireless message that approximately 1024 posts are lying vacant in Bihar Police Radio Organization, it appears that the departments concerned/respondents are taking a myopic view of the matter in preventing/forestalling the absorption of the candidates who have been recommended for being absorbed in Bihar Police Radio Organization. 15. This Court, on going through the records of the case has found that the percentage of vacancies in the Bihar Police Radio Organization is lesser than compared to the vacancies in the post of Constables in Bihar Military Police Organization. This Court has also taken note of the fact that Constables from the District/Police Unit have also been included in the list of 370 Constables for being absorbed. All those 370 recommended candidates have the necessary/requisite academic qualification and suitability for being absorbed in the post. 16.
This Court has also taken note of the fact that Constables from the District/Police Unit have also been included in the list of 370 Constables for being absorbed. All those 370 recommended candidates have the necessary/requisite academic qualification and suitability for being absorbed in the post. 16. In the event of their having been selected after undergoing the process of scrutiny, some kind of right has accrued to them and it would not now be open for the State to take a plea that because of the paucity of number Constables in the various BMP Units, this selection process and the eventual recommendation of 370 posts would not be given effect to. Otherwise also, it does not appear to be logical that in case of 1024 posts in the Bihar Police Radio Organization, only 181 and later 11 Constables have been absorbed. It also does not appear to be rational in handpicking those 181+11 Constables for being absorbed when the list of the recommendees did not indicate that their numbers/positions were fixed in accordance with merit or seniority. 17. In that view of the matter, this writ petition is disposed off with a direction to the Director General of Police to constitute a Committee comprising the Director General of Bihar Military Police (BMP), Additional Director General of Police, Bihar Police Radio Organization and other Officers responsible for the maintenance of the Bihar Police Radio Organization as well as the BMP Units and take a call with respect to the desirability of absorbing these recommendees/Constables 370-(181+11) for being absorbed in the Bihar Police Radio Organization. 18. This Court has not for a minute taken into account the fact that placement in the Bihar Police Radio Organization is a cadre post which would provide better promotional avenues to the recommendees. The only reason why this direction has been issued is that the channel of communication in a Police administration is of foremost importance, which cannot be ignored or undermined. 19. A decision at that level shall be taken within a period of eight weeks from the presentation/communication of this order to the Director General of Police, Government of Bihar. 20. With the aforesaid direction, the writ petition is disposed off.