MOHAN KACHARI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) IN this writ petition, the petitioners are questioning the legality of the selection procedure contained in the Circular No. 3/2002 dated 26. 6. 2002 and the subsequent Circular No. 10/2004 dated 22. 11. 2004 amending the Circular dated 26. 6. 2002 for the promotion from the rank of Sub-Inspector of Police (SI) to the rank of Inspector in the Police Department of Meghalaya.

(2.) THE controversy arose on the following facts and circumstances :-The petitioners numbering 40 are serving in the capacity of Sub-Inspectors of Police at different Police Stations, CID-SB organizations, etc. within the State of Meghalaya. All of them have been rendering services in various capacities for not less than fifteen years. While some of them are direct recruits, the remaining are departmental promotees. It would appear that the Police Department of Meghalaya adopted the Assam Police Manual which contains, among others, Police Act, 1861 and 1888 and the various rules framed thereunder for the purpose of discipline, promotion, departmental enquiry, etc. It is the case of the petitioners that as per the rules prescribed in the Assam Police Manual, the promotion of Sub-Inspector to the next posts of Inspector is to be made on the basis of seniority-cum-merit provided a direct recruit has put in six years of service and a departmental promotee has put in ten years of service. The petitioners belong to the batch of 1978 to 1991, and, as such, they came within the zone of consideration for promotion to the posts of Inspectors. According to the petitioners, it has been the consistent practice of the Police Department that the promotion to the posts of Inspectors are made on the basis of the seniority position in the feeder post of Sub-Inspector, as would be evident from all the promotion made to this post prior to 2002. That being so, contend the petitioners, such promotion is not to be made by examination or pre-selection. Due to non-availability of vacancies, they were not considered for promotion for a number of years.

(3.) IT is the further case of the petitioners that while they were eagerly waiting for their promotion, much to their surprise and consternation, the Director General of Police, Meghalaya issued the impugned Circular No. 3/2002 superseding the rules of promotion laid down in the Assam Police Manual and replaced the same by introducing a new procedure for promotion to various ranks in the Unarmed Branch (UB) of the Meghalaya Police. The first impugned Circular provides for, among others, a cadre course for every level of promotion of non-gazetted police personnel, which shall be conducted at the PTS/appropriate Training Institute as and when required. The Circular further provides that for the promotion from the rank of Sub-Inspector (S. I.) to the rank of Inspector i. e. Cadre Course -III, pre-selection test shall be conducted centrally by the training-in-charge (IGP/dig/principal, PTS), who will finalise the selection of candidates for the above cadre course, keeping in view the vacancy positions. This circular was subsequently amended by the Director General of Police, Meghalaya in the year 2004 by issuing Circular No. 10/2004 in the aftermath of the abolition of the cadre of Assistant Sub-Inspectors of Police. In terms of this Circular, following the abolition of the post of Assistant Sub-Inspector of Police, the promotion from the rank of Sub-Inspector to the rank of Inspector has been re-designated as Cadre Course-II as against the erstwhile Cadre Course-III. This Circular further provides that the selection test for Cadre Course-II shall be conducted centrally by the State Selection Board, which shall be constituted by the Director General of Police or Training-in-charge (IGP/dig), duly authorized in this bahalf by the Director General of Police, who will then finalise the selection of candidates for this course, keeping in view the vacancy position.