SANTOSH KUMAR RAI Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioners who were initially appointed as Constables in the Civil Police were subsequently sent on deputation to Armed Police. THEy had earlier filed Writ Petition No.54399 of 2008 since they wanted to be repatriated to the parent department. This petition was disposed of by this Court by judgment and order dated 20th October, 2008 with a direction to the Superintendent of Police, Fatehgarh, Sant Kabir Nagar to decide the representation filed by the petitioners within two months. THE Superintendent of Police, Sant Kabir Nagar has passed the order dated 15th January, 2008 that he does not have the jurisdiction to decide the representation as the petitioners have worked for more than ten years. Learned Counsel for the petitioner has submitted that if the Superintendent of Police does not have the jurisdiction, then he should have forwarded the representation to the competent authority for taking a decision on the said representation. Learned Standing Counsel states that in the event the petitioners now move a representation before the competent authority, the same shall be considered in accordance with law. In view of the aforesaid, the writ petition is disposed of with a direction that in the event the petitioners move a representation along with a certified copy of this order before the authority competent to take a decision in terms of paragraph 525 of the Police Regulations within a period of two weeks from today, the same shall be decided in accordance with law by a reasoned and speaking order expeditiously, preferably within a period of eight weeks thereafter.