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2025 DIGILAW 485 (PAT)

Rejesh Kumar Chandra v. State of Bihar

2025-05-05

NANI TAGIA

body2025
Nani Tagia, J. – Heard Mr. Y.V. Giri, learned senior counsel assisted by Mr. Pranav Kumar, learned counsel appearing on behalf of the petitioners and Mr. Sheo Shankar Prasad, learned SC- 8 appearing on behalf of the State. 2. The petitioners, 79 in numbers, have approached this Court challenging the order dated 18.03.2019, issued by the Director General of Police, Military Police, Bihar, Patna whereby, the petitioners’ claim for absorption as Literate Constable (Operator) in the Bihar Police Radio Organization, have been rejected. 3. The impugned order dated 18.03.2019 has been passed pursuant to a direction of this Court, dated 07.01.2019 passed in CWJC No. 9565 of 2017. 4. The petitioners along with other constables in the Bihar Military Police as well as constables of the District Force were recommended for absorption as Literate Constable (Operator) in the Bihar Police Radio Organization, in terms of Wireless Message dated 23.09.2014, issued by the Director General of Police, Bihar, Patna. 5. The Wireless Message dated 23.09.2014, was issued by the Director General of Police, Bihar, Patna, in terms of Rule 1235 of the Bihar Police Manual, whereby, willingness of newly recruited sepoys of the districts/units was sought for, for absorption as Literate Constable (Operator) in the Bihar Police Radio Organization, subject to the candidates possessing the qualifications prescribed in the W.T. Message. 6. Pursuant to the aforesaid exercise undertaken, altogether 370 constables (181 from the Bihar Military Police and 189 from District Police Force) were recommended for absorption as Literate Constable (Operator) in the Bihar Police Radio Organization. The constables of District Police Force, 189 in numbers, have been absorbed as Literate Constable (Operator) in the Bihar Police Radio Organization. However, the constables of Bihar Military Police were not absorbed as Literate Constable (Operator) in the Bihar Police Radio Organization, despite the recommendation made. 7. The present petitioners along with others, therefore, approached this Court by filing a writ petition, being CWJC No. 9565 of 2017. 8. However, the constables of Bihar Military Police were not absorbed as Literate Constable (Operator) in the Bihar Police Radio Organization, despite the recommendation made. 7. The present petitioners along with others, therefore, approached this Court by filing a writ petition, being CWJC No. 9565 of 2017. 8. The writ petition was disposed of by this Court by an order dated 07.01.2019, directing the Director General of Police to constitute a committee, comprising Director General of Bihar Military Police, Additional Director General of Police of Bihar Police Radio Organization and other Officers responsible for the maintenance of Bihar Police Radio Organization as well as the Bihar Military Police units and take a call with respect to the desirability and absorbing the recommended constables for being absorbed in the Bihar Police Radio Organization. 9. It was in compliance of the aforesaid direction of this Court in the writ petition, that the impugned order dated 18.03.2019 has been passed by the Director General of Police, Bihar, Patna rejecting the claim of the petitioners for absorption in the Bihar Police Radio Organization. 10. Respondents have filed counter affidavits. 11. When this writ petition was considered on 28.02.2025, on noticing that the Director General of Police had issued the Wireless Message dated 23.09.2014, inviting applications for absorption as Literate Constable (Operator) in the Bihar Police Radio Organization, in terms of Rule 1235 of the Bihar Police Manual; and, on further noticing that Rule 1235 of the Bihar Police Manual does not provide for the manner and method of filling up the post of Literate Constable (Operator) in the Bihar Police Radio Organization either by way of direct recruitment or by way of absorption from the volunteers from other police units and Home Guards, this Court directed the State Counsel to place on record the Rule which provides for the manner and method of filling up the post of Literate Constable (Operator) in the Bihar Police Radio Organization, if such a Rule exist. 12. As directed above, respondent Nos. 4, 7 and 12 have filed a counter affidavit on 02.04.2025, wherein, it has been stated that there exists no separate Rule for filling up the post of Literate Constable (Operator) in the Bihar Police Radio Organization and the only Rule operating for filling up the post of Literate Constable (Operator) in the Bihar Police Radio Organization, is the Rule 1235 of the Bihar Police Manual. 13. 13. The respondent Nos. 4, 7 and 12 in the aforesaid counter affidavit, however, have further stated that the Bihar Police Telecommunications (Wireless) and Technical Non- Gazetted Cadre Rules, 2021 has now been framed, which was notified by the Home Department on 07.04.2021. Under the aforesaid rules, the post of operator constable is to be filled up through direct recruitment by the appointing authority on the recommendation of the Commission. However, in case of delay in regular appointment, to meet the exigencies, constables from the other police units who fulfill the required educational qualification may be taken on deputation with the approval of the Director General of Police, Bihar but such constables would not be permanently absorbed in the Bihar Police Radio Organization and such constables would be reverted back to their parent units, after the regular appointees join the service. 14. Upon perusal of the counter affidavit filed by the respondent Nos. 4, 7, and 12 on 02.04.2025, as discussed hereinabove, it thus appears that prior to the notification of the Bihar Police Telecommunications (Wireless) and Technical Non- Gazetted Cadre Rules, 2021 on 07.04.2021 by the Home Department, the only recruitment Rule for recruiting the Literate Constable (Operator) in the Bihar Police Radio Organization was Rule 1235 of the Bihar Police Manual. 15. It, thus, is an admitted position that the Wireless Message dated 23.09.2014, issued by the Director General of Police, Bihar pursuant to which the petitioners along with constables of District Police Force were recommended for absorption, was issued under Rule 1235 of the Bihar Police Manual. 16. Since, the recommendations of the petitioners for absorption as Literate Constable (Operator) along with others in the Bihar Police Radio Organization was made pursuant to Wireless Message dated 29.09.2014, issued by the Director General of Police in terms of Rule 1235 of the Bihar Police Manual, the right of the petitioners to be absorbed or otherwise, as Literate Constable (Operator) in the Bihar Police Radio Organization, would necessarily have to be determined in terms thereof. 17. 17. Reading of the impugned order dated 18.03.2019 passed by the Director General of Police, Military Police, Bihar, Patna, pursuant to a direction of this Court passed in CWJC No. 9565 of 2017, however, would go to show that the consideration of the case of the petitioners for absorption as a Literate Constable (Operator) in the Bihar Police Radio Organization was not made in the light of Rule 1235 of the Bihar Police Manual. 18. I also find that the adjudication of the CWJC No. 9565 of 2017 vide judgment and order dated 07.01.2019 was also not made in the light of Rule 1235 of the Bihar Police Manual. 19. Under the circumstances, I am of the considered view that ends of Justice would be met in the instant case, if this writ petition is disposed of with a direction to the respondents to consider the case of the petitioners for absorption in the Bihar Police Radio Organization in the light of the Rule 1235 of the Bihar Police Manual, which admittedly has been the Rule-in-force for recruitment of Literate Constable (Operator) in the Bihar Police Radio Organization at the time the petitioners were recommended as such. 20. Accordingly, this writ petition is hereby disposed of with a direction to the respondents to consider the case of the petitioners for absorption as Literate Constable (Operator) in the Bihar Police Radio Organization in the light of Rule 1235 of the Bihar Police Manual, within a period of three months from the date of receipt/production of a copy of this order.