UNION OF INDIA Vs. T RAMAIAH

JUDGEMENT

(1.) The first and the second respondents to this writ appeal are members of the Andhra Pradesh State Police Service. They are eligible to be appointed by the method of promotion to the All India Services of the Indian Police Service. The Indian Police Service (Appointment by Promotion) Regulations, 1955 lay down and regulate the procedure for selection and appointments to be made in that behalf. Those regulations lay down that a six-member Committee consisting of (i) The Chairman or the Member of the Union Public Service Commission, (ii) The Chief Secretary to the Government of Andhra Pradesh, (Hi) Secretary to the Government of Andhra Pradesh, Home Department, (iv) Inspector General of Police, (v) Additional Inspector General Police and (vi) a nominee of the Government of India not below the rank of joint Secretary, should be the Selection Committee to select suitable State Police Officers for the above purpose of appointment by promotion by the Union Government of India. Accordingly a Committee consisting of the abovesaid functionaries met at Hyderabad on 6th December, 1979 and selected the first and the second respondents to this writ appeal as suitable for appointment by promotion to the Indian Police Service. In that Committee, Sri M. V. Narayanarao set as the Inspector General of Police. But the Government of India look the position that by 6th December, 1979 the post of the Inspector General of Police, Andhra Pradesh State was kept in abeyance by the State Government and thus Sri. M. V. Narayanarao by that time had ceased to hold the post of the Inspector General of Police, and therefore, the Selection Committee that met on 6th December, 1979 was not properly constituted. Accordingly, the Government of India held that the selection of the first and second respondents to this writ appeal made on 6th December, 1979 was illegal and inoperative. In an earlier round of litigation fought in this Court on issues raised in Writ Petition No. 7617 of 1979 touching these service matters, this stand of the Government of India was made known through its letter, dated 22nd March, 1980. The previous litigation, however, ended inconclusively without any definitive pronouncement by this;Court on the question of validity of the Government of India's stand. But the Union Public Service Commission, which is a statutory and constitutional authority to consider and take appropriate action on the above selections made on 6th December, 1979 acting on the above letter of the Government of India was treating those selections as invalid. By that the first and the second respondents to this writ appeal felt aggrieved and robbed of their selections and filed Writ Petition No. 2826 of 1980 against the Union of India, the Union Public Service Commission and the State of Andhra Pradesh for the issuance of a direction to give effect to the selected list finalised by the aforesaid Selection Committee on 6th December, 1979 by holding the order of the Central Government dated 22nd April, 1980 as illegal. To that writ petition the seventh respondent, a State Police Officer, had impleaded himself as party-respondent. Excepting the State of Andhra Pradesh the other parties to the litigation had filed affidavits and made known their respective positions.

(2.) Jayachaadra Reddy, J. held that "though the ex-cadre post of the Director General of Police was created still the officer so designated is to discharge all the duties and responsibilities of the Inspector General of Police, Andhra Pradesh". In answer to Mr. Subrahmanya Reddy's argument that the post of the Inspector General of Police was kept in abeyance and that there was nobody holding the post of the Inspector General of Police at the relevant time, the learned Judge ruled that paragraphs 1 and 4 of the above Government Order should be read together and if so read, he said, it becomes clear that Sri. M. V. Narayanarao was also discharging the duties and responsibilities of the Inspector General of Police as a cadre officer. Thus holding the learned Judge upheld the principal contention of the writ petitioners that the Selection Committee was properly constituted with the presence of Sri M. V. Narayanarao and accordingly allowed the writ petition. Against that judgment, two writ appeals have been filed. Writ Appeal No. 460 of 1981 is filed by the Union of India and the Union Public Service Commission while Writ Appeal No. 627 of 1981 is filed by the aforementioned seventh respondent. For some inexplicable and soma what mysterious reasons, the State of Andhra Pradesh has contented itself to remain outside the ring of this legal battle as a passive spectator, indifferent to the fate of this litigation. Acting strangely, but not consistently with its responsibilities towards this Court and towards proper police administration in the State, the State Government did not file even a counter- affidavit explaining the circumstances under which G. O. Rt. No. 4310 had been passed by it and what it meant by "keeping in abeyance" the post of the Inspector General of Police.

(3.) The point that is involved in this writ appeal revolves around a single question which is, whether the participation of Sri M. V. Narayanarao in the deliberations of the Selection Committee on 6th December, 1979 should be counted as the participation of the Inspector General of Police of Andhra Pradesh or as the participation of the Director General of Police. By November, 1979, Sri M. V. Narayanarao has been acting as the Inspector General of Police. But G. O. Rt. No. 4310, dated 16th November, 1979, issued by the State Government in purported exercise of its power under rule 10 of the Indian Police Service (Cadre) Rules, 1954 (hereinafter referred to as "the cadre rules") has kept the cadre post of the Inspector General of Police in abeyance with immediate effect for a period of six months on administrative grounds. And by means of the same G. O. Rt. No. 4310, the State Government created an ex-cadre post of the Director General of Police on a consolidated pay of Rs. 3,000 per month for a period of six months with immediate effect. Sri. M. V. Narayanarao had been appointed to the post of the Director General of Police. Paragraph 4 offthe above Government Order directs the Director General Police "to continue to discharge all the duties and responsibilities of the Inspector General of Andhra Pradesh." It is useful to read the above said G. O. Rt. No, 4310 in full.