BK SARDARILAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This order will dispose of a batch of 14 petitions under Art. 226 of the Constitution as they raise common questions of law. Except minor variations which have no bearing on the question that really arises for decision in the case even the facts are common to all the petitioners. By common consent, the contentions of law and fact raised in Civil Writ Petition No. 1440 of 1967 were. therefore, taken as representative of those raised in the remaining petitions.

(2.) The petition is unduly lengthy. The first 31 paragraphs deal with the grievances of the petitioner and other like-minded members of the Police Force in Delhi about the poor living conditions, lack of proper amenities and welfare programme for the non-gazetted members of the Force and the attempts made by them to obtain recognition of their representative organization known as Delhi Police Non-gazetted Karamchari Union by the authorities and the obstacles encountered by them at the hands of the then Inspector General of Police, Shri B. B. Mishra, the allegations in these paragraphs as well as in paragraphs 43 to 50, the correctness of most of which is not admitted by the respondents, were claimed by the petitioners to be relevant to the question of mala fide only for they formed, according to them, the back-ground against which the ultimate action taken by the authorities should be viewed.

(3.) The question of mala fides was, however, not argued before us as the learned counsel for the petitioners Mr. A. S. R. Chari who appeared for the petitioners in all the 14 petitions expressly stated at the very commencement of his address, that he would confine his attack to the constitutional aspect of the case alone and would not address any arguments on the question of mala fides at all.