GUJARAT RAJYA POLICE INSPECTORASSOCIATION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners, in all four associations, namely, (1) Gujarat Rajya Police Inspectors' Association (2)Gujarat Rajya Police Sub Inspectors' Association (3) Gujarat Rajya Police Head Constable Mandal and (4) Gujarat Rajya Police Constable Mandal, have filed this petition under Article 226 of the Constitution of India praying for declaration that the show cause notice dated 28.12.1988 issued to the petitioner associations is illegal and contrary to the Act and the Rules and, therefore, requires to be quashed and set aside. The petitioners have also asked for the stay against the respondents restraining them from acting upon the show cause notices dated 28.12.1988 and from taking any action pursuant thereto. The petitioners have also asked for the stay against the respondents from cancelling or withdrawing the recognition of the petitioner associations without giving reasonable opportunity to the associations to show cause against the said purported act.

(2.) During the pendency of this petition, the respondent has passed an order on 18.3.1989 revoking the recognition of the associations, and, therefore, amendment was made to the petition as well as in the prayer clause. As per the amended prayer, the petitioners have sought for declaration that the impugned orders of revocation dated 18.3.1989 are ex-facie, illegal, unconstitutional and violative of principles of natural justice and, therefore, are null, void and ab-initio and that the associations and their members would suffer irreparable hardships if the said orders are not stayed. The petitioners have, therefore, prayed for the ad interim relief restraining the respondents from enforcing, implementing, executing or taking any action in pursuance of the impugned orders dated 18.3.1989 and further prayed for the interim relief restraining them from interfering with the activities of the associations and further directing them to permit the associations to work and function according to law and the Constitution.

(3.) This Court has passed an order on 20.1.1989 and it was observed therein that in the matter of derecognition of the associations in question, decision would not be taken without hearing the associations. In view of the said statement made by the learned counsel appearing on caveat on behalf of the respondent, the matter was adjourned on that day. This Court has, thereafter, passed further order on 10.11.2000 and it was observed therein that the petitioners have been advised to make an application for recognition of their associations under Rule-8 of the Police Force (Restriction of Rights) Amendment Rules, 1970 made in exercise of the powers conferred by Sub Section (1) of Section-6 of the Police Forces (Restriction of Rights) Act, 1966. The matter was, therefore, adjourned so as to enable the petitioners to make an appropriate application under the above referred Rule-8. The Court has, thereafter, passed further order on 20.4.2001 and it was observed therein that an application for permitting the holding of a meeting for passing a resolution to make an application for recognition was made and that the same was yet not replied. The Court has directed the State Government to make its stand clear on the next date of hearing. Thereafter, the State Government has rejected the said application on 21.4.2001. Even further application for reconsideration of its decision was also rejected n 9.5.2001.