ZAHIRODDIN SHAMSODDIN BEDADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule returnable forthwith. By consent heard finally. The petitioner challenges validity of the order passed on 9th October, 2012 by the In-charge Commandant, State Reserve Police Force, Group No. 3, Jalna, cancelling permission for keeping beard. The petitioner submits that he is a Muslim and professes Islam religion. He was appointed as a Police Constable in the State Reserve Police Force on 16-1-2008. At present he is discharging his duties as Police Constable in the State Reserve Police Force Group No. 3, Jalna. He had applied for keeping beard on 28th February, 2012. It is contended that initially respondent No. 3 - Commandant, SRPF, Jalna granted permission to keep beard in view of letter dated 8-3-1989 of Government of India. By the impugned order dated 9th October, 2012 the respondent No. 3 cancelled the Order dated 7-5-2012 under which the petitioner was permitted to keep beard. The petitioner was given opportunity to apply for keeping beard for a temporary period during specific significant month.

(2.) The petitioner's contention is that in accordance with Islam religion and Holy Quran a man could keep beard. Being a follower of Islam religion the petitioner is entitled to keep beard on religious grounds. On petitioner's application permission was accordingly granted to him. Cancellation of the said permission is unreasonable and violative of fundamental right of the petitioner guaranteed under Articles 25 and 26 of the Constitution of India. The plea of the petitioner is that persons working in the force belonging to Sikh religion are permitted to keep beard. On the same lines, the petitioner be allowed to keep beard. The petitioner seeks suitable directions to the respondents accordingly.

(3.) Consequent to the notice issued to the respondent Nos. 1 and 3 an affidavit-in-reply has been filed by respondent No. 3 through Santosh Jagannathrao Joshi, working as Police Wireless Inspector (Engineering) in the office of Commandant, S.R.P.F., Group No. 3, Jalna. The deponent contends that the petitioner's services are governed under the rules and regulations of the Bombay Police Manual 1951 which does not provide the petitioner to keep beard permanently throughout the tenure of his service. It is contended that the petitioner is part of police force and the orders/circulars issued by the Home Department and the Director General of Police of the State are binding on him regardless from which community the petitioner belongs to. The deponent has produced certain orders issued in this regard by the Home Department and the Director General of Police. In paragraphs 6 and 7 the deponent contends as under:--