KESHARSINH PAHADSINH Vs. DEPUTY POLICE COMMISSIONER AHMEDABAD

JUDGEMENT

(1.) Petitioners in Special Civil Application No. 3163 of 1989 Head Constables serving at different Police Stations under the Commissioner of Police Ahmedabad City Ahmedabad and the petitioner in Special Civil Application No. 3359 of 1989 Head Constable working at Railway Police Station Viramgam have challenged the order dated 29/04/1989 by the Commissioner of Police Ahmedabad City and order dated 29/04/1989 by the Superintendent of Police Western Railway Baroda passed under Rule 121 of the Gujarat Police Manual directing them to join Unarmed Head Constables Refreshers Course at P. T. C. Junagadh from 1/05/1989 mainly contending that under the provisions of Rule 121 of the Gujarat Police Manual the directions to attend the Unarmed Head Constables Refresher Course cannot be passed without the request and the consent of the concerned Unarmed Head Constables who were previously sent for Refresher Course but could not complete it i.e. failed. According to the petitioners they are already promoted to the pest of Head Constable and are working as Head Constables for some time and were sent for the Refresher Training Course at P. T. C. Junagadh but had failed. According to the petitioner in Special Civil Application No. 3359 of 1989) he was sent for such Refresher Course twice previously but could not complete the same successfully The petitioners asserted that under the provisions of sub-rule (3) of Rule 121 Gujarat Police Manual the Head Constables who were sent for such Refresher Course previously but failed to complete the course successfully cannot be again directed to attend the Refresher Course without their request or consent and that they should have been heard before the order for attending the Refresher Course is passed. They also contended that it will cause financial loss of about Rs. 500.00 per month. The petitioners have mostly asserted their right not to attend the course and obey the order on the strength of interpretation of sub-rule (3) of Rule 121 Gujarat Police Manual.

(2.) In Special Civil Application No. 3163 of 198P Mr. R. Benjamin Deputy Commissioner of Police (Administration) Ahmedabad City has filed the Affidavit-in-reply on behalf of the respondents while in Special Civil Application No. 3359 of 1989 no Affidavit is filed on behalf of the respondents. Mr. Benjamin in his Affidavit has relied on the provisions of Rule 121 Gujarat Police Manual and it has been contended that the object of the Refresher Course is to improve the administration and efficiency of the Head Constables and therefore the petitioners are directed to attend the Refresher Course and no financial loss would be caused to them.

(3.) Chapter III Gujarat Police Manual provides for the training. There are four training institutes for various cadres in the Police Department out of which one Police Training School is situated at Junagadh for training the various categories of Officer including the Probationary Deputy Superintendents of Police Head Constables and Constables selected for a Refresher Course at the Head Constables Training Class (Usually as Head Constable Students). As provides in Rule 98 Gujarat Police Manual the staff at the Police Training School Junagadh includes the Principal Vice Principal Law Instructors and other Officers and other staff as specified in that Rule. It is also apparent from the relevant provisions of the Gujarat Police Manual that the lectures may be delivered by the higher Police Officers and the leading citizens. Members of the Legislative Assembly etc. and Model Police Station is established and that the Police Museum is also established at the Training School at Junagadh. As the petitioners have mostly relied on the provisions of Rule 121 Gujarat Police Manual it is desirable to set out the relevant provisions of the said Rule: