RAM CHANDER SAGAR Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) The main question for consideration is whether even a temporary police officer in Delhi is governed exclusively and that too by each and everyone of the Punjab Police Rules framed under the Police Act, 1861 (hereafter called "PPR" in short) as applied to Delhi or whether his services can be terminated under rule 5 of the Central Civil Services (Temporary Service) Rules, 1949 (hereafter called "CCS(TS) Rules" as being applicable to him along with only some but not all the Punjab Police Rules. The question arises as follows :-

(2.) Petitioner Ram Chander was first directly appointed as Head Constable in the Delhi Police Force on July 16, 1959 as a result of competitive examination. At the next competitive examination he secured a higher place and was appointed as a temporary Assistant Sub Inspector along with others on April 20, 1960 with effect from March 31, 1960. Their letter of appointment signed by the Superintendent of Police who is their appointing authority under section 7 of the Police Act stated that "the provisions of PPR 12.8(1) will not apply to them and they will be just like other temporary Central Civil Servants". Section 2 of the Police Act is as follows :- "The entire police-establishment under a State Government shall, for the purposes of this Act, be deemed to be one police-force, and shall be formally enrolled; and shall consist of such number of officers and men, and shall be constituted in such manner, as shall from time to time be ordered by the State Government. Subject to the provisions of this Act the pay and all other conditions of service of members of the subordinate ranks of any police-force shall be such as may be determined by the State Government."

(3.) Under section 46 of the Police Act, a State Government had the power to make rules generally for giving effect to the provisions of the Act. The Government of Punjab framed the Punjab Police Rules in 1934 in exercise of this power. Under section 12 of the said Act the Inspector-General of Police had the power to make rules relating to the organisation, classification and distribution of the police-force. The Punjab Police Rules, 1934 in so far as they laid down the conditions of service of the members of the subordinate ranks of the police-force could be made only by the State Government under section 2 read with section 46 of the Act. On the title page of the various volumes of these Rules, however, it is stated that they were "issued by and with the authority of the Provincial Government under section 7 and 12 of Act V of 1961". Their authority was thus attributed to the Inspector-General of Police and other appointing author ities rather than to the State Government. Under the Government of India Act, 1935 rules for the civil services of the Central Government were made under section 241 "except as expressly provided by the Act". By way of exception, section 243 provided that "notwithstanding anything in the foregoing provisions of this chapter, the conditions of service of the subordinate ranks of the various police forces in India shall be such as may be determined by or under the Acts relating to those forces respectively". The result was that the police personnel was governed exclusively by the Police Acts and the Rules made thereunder and the rules relating to the general civil services made under section 241 were not applicable to them. But the Government of India Act, 1935 was repealed by Article 395 of the Constitution. Article 313 of the Constitution provided as follows :- Until other provision is made in this behalf under this Constitution, all the laws in force immediately before the cumtnecement of this Constitution and applicable to any public service or any post which continues to exist after the commencement of this Constitution, as an all-India service or as service or post under the Union or a State shall continue in force so far as consistent with the provisions of this Constitution." Central Civil Services (Temporary Service) Rules, 1949 framed under section 241 of the Government of India Act, 1935 were thus continued in force by Article 313 of the Constitution. While Article 309 of the Constitution took the place of section 241 of the Government of India Act, 1935 empowering the Government to frame rules for the civil services in general, the Constitution did not contain any provision corresponding to section 243 of the Government of India Act, 1935. The question would naturally arise whether the CCS(TS) Rules which could not apply to the police personnel till the commencement of the Constitution in view of section 243 of the Government of India Act, 1935 became applicable to the police personnel from and after January 26, 1950 when the Constitution came into force.