K KOTESWARARAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) All these Writ Petitions raise common questions of law and they can therefore be conveniently disposed of by a common judgment.

(2.) The essential facts are that prior to 1956, the work of prohibition enforcement was attended to by the regular police force in the districts of Chittoor, Nellore and Guntur and by separate prohibition Department in other districts. In 1956, however, the Prohibition Department was abolished and the work was entrusted entirely to the police Department. Again in 1960, the Government decided that the work of enforcement of prohibition should be taken away from the police and entrusted to a separate agency. A committee was appointed. The report of that Committee was considered by the Government and consequently G. O. Ms. No. 42 dated 6/01/1961 was issued.

(3.) According to that Government Order the work of enforcement of prohibition was taken away from the Police and was entrusted to a new department called Excise and Prohibition Department. The existing Excise Department was directed to be merged in the new department. The Government Order gave the set up of the new Excise and Prohibition Department. The said Government Order also pointed out the methods, of filling up the posts created for the purpose of the new Department. The first mode of recruitment was by transfer to the new department of all the officers and personnel of the Ex-Prohibition Department who were working then in the Police Department and other Departments; (2) by absorption of officers and personnel then working in the Excise and Prohibition Department in the Andhra Area; (3) by selecting and transferring such of the officers and personnel in the Police Department with satisfactory record who were willing to be transferred to the new Department on a permanent basis; (4) by filling up other vacancies, if any, by promotion from the lower cadres on the basis of merit and suitability without insisting upon the requirements such as passing of tests etc., and permitting them to acquire the qualifications within the prescribed period of probation. The Government Order emphasized that no deputation or temporary transfer should be made from the Police Department. The question of deputation from the Police Department to the new Department should arise only when the new Department was unable to find suitable officers among those transferred to it on a permanent basis. The new Department thus came into existence in 1961 and was working with full strength till 1965.