VINAY VERMA Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India challenges the order No. PHQ/SAF/7(9)/HAWK Force Chayan/2001/41, passed by respondent No. 5 - Deputy Inspector General of Police, S.A.F. (Training), Police Head Quarters, Bhopal, on 23 -1 -2002, in pursuance of the order dated 11 -1 -2002.

(2.) BRIEFLY , it may be mentioned that the petitioner was appointed as constable in the District Executive Police Force, District Harda, in May, 2000, according to Police Executive (Non -Gazetted) Service Recruitment Rules, 1996. The State Government constituted an advanced police force called HAWK Force for the administration of Naxalites affected areas and for this purpose a letter (Annexure P -1) was sent by respondent No. 4 Additional Director General of Police (Training), Police Head Quarters, Bhopal to respondent No. 6 - Deputy Inspector General of Police, S.A.F., Jabalpur on 26 -6 -2001. In the said letter dated 26 -6 -2001 policy for selection has been provided and it has been mentioned that 145 constables are required for the HAWK Force and they will be shortlisted from 250 constables to be selected from training Schools at Pachmadhi and Indore. The criteria for the selection of constables was also explained in the letter and it transpires from the above letter that for selection in the HAWK Force consent of the constable concerned was required.

(3.) VIDE letter dated 23 -1 -2002 the concerned Superintendents of Police were informed to relieve those constables who were selected for HAWK Force for their training at 6th M.P. Battalion, Jabalpur.