MOHAMMAD QASIM Vs. UNION OF INDIA

JUDGEMENT

(1.) We have heard Sri Mukhtar Alam, Amicus Curiae for the petitioner and Sri Vimlendu Tripathi, learned A.G.A. for the State. Sarvashri S.K. Raghuvanshi, Special Secretary, Home, Government of U.P. Lucknow, Anil Agarwal, Secretary, Police Recruitment Board, Ashish Gupta, I.G. (Crime), Dr. S.B. Upadhyaya, Director, FSL, Agra, Mahesh Chandra Srivastava, Executive Director, Health, Dr. G.A. Khan, Deputy Director (M) FSL, Agra, Dr. Santosh Kumar D.D.E., FSL, Agra, Dr. H.K. Agarwal, Joint Director, Health, Rakesh Tripathi, Executive Engineer, Medical and Health are present in Court today.

(2.) Sarvashri Ashok Saraswat, In-charge Inspector, High Court Security/Incharge Investigation Cell, Crime Branch, Amar Nath Yadav, Incharge Inspector, Civil Lines, Allahabad, Dinesh Kumar Singh Yadav, Incharge Inspector, P.S. Colonelganj, Allahabad, Gyanendra Kumar Singh, Sub-Inspector, Investigation Cell, Crime Branch, Allahabad, Ram Naresh Yadav, S.I., Investigation Cell, Crime Branch, Allahabad, Anirudh Kumar Singh, S.O. P.S. George Town, Allahabad, Surendra Singh, Inspector, CBCID Sector, Allahabad and Sri Ram Moorti Kanaujia, Inspector, CBCID Sector, Allahabad are also present.

(3.) A compliance affidavit of Home Department, Government of U.P. dated 20.5.2013 has been filed pursuant to the order of this Court dated 26.2.2013. So far as the direction in the order dated 26.2.2013 for completing selection process of Sub-Inspectors of Police/Platoon Commanders PAC, it is stated that the report of U.P. Police Recruitment and Promotion Board dated 9.5.2013 shows that the Government of U.P. has granted permission to start the process of direct recruitment through Combined Examination, 2011 for the post of Sub-Inspector of Police and Platoon Commander, P.A.C., but the said Board has recommended to the Government for amending the regulation regarding physical efficient test of Sub-Inspector/Platoon Commander P.A.C. The report of the Board dated 11.5.2013 also shows that for 5389 vacancies for the post of Sub-Inspectors of Police by promotion on the basis of departmental examinations, 3241 candidates were selected but the process for appointment of 3241 candidates was stayed by the Division Bench of the Lucknow Bench of the High Court by its order dated 7.1.2013, passed in Special Appeal No. 577 of 2012 Ran Vijay Pratap Singh and others v. State of U.P. and others. We are pained to find that on one ground or on other, the process for appointment of Sub-Inspectors by direct selection or by promotion has been held up. This has created major difficulties in separating the investigation wing from the law and order wing because of shortage of Sub-Inspectors for carrying out these tasks. It may be noted that after this Court expressed its anguish on the non-appointment to the vacant posts, the earlier Government had started the process of selection on 11.12.2011 but without any good reason, the already started selection process was stalled by the order of the subsequent/present Government [dated 16.3.2012. We would like the Hon'ble Department to submit an explanation why they have stalled the process of selection which was started by the previous Government, on the next listing.