OM PRAKASH MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the-petitioners and the learned Senior Counsel appearing for the Department of Vigilance.

(2.) The prayer by the four petitioners is to quash notification dated 23.3.2012 issued by the Deputy Inspector General (DIG) (Personnel) under the orders of the Director General of Police promoting inter alia the petitioners to the post of Sub-Inspector of Police and transferring such persons to the District Police.

(3.) Learned Counsel for the petitioner submits that they form part of the Vigilance Department Cadre. It is a separate cadre from the Police Department. Separate seniority list are maintained. The Vigilance Department functions under the Home Department of the State. The DIG has no jurisdiction to order transfer of persons in the vigilance cadre. Stress is laid on a letter dated 21.2.2012 issued by the office of the DIG (Personnel) explaining that the Vigilance Department constitutes of its own employees and those from the Police Department who may have been sent on deputation. That there was no justification for promotion of those in the vigilance cadre by orders issued from the Police Headquarters. Reliance was further placed on a notification dated 26.2.1981 issued by the Cabinet (Vigilance) Department indicating that the Vigilance Department was to be headed by a Senior IAS Officer suggesting that it constitutes a separate cadre. Reliance was further placed on a letter dated 21.1.2011 from the Director General of Police that the Vigilance Department was an independent unit and did not fall under the jurisdiction of the Director General of Police. It was headed by an Additional Deputy Inspector General of Police Officer rank. it has its own setup. All communications with regard to their discharge of duties should be addressed to them and not to the police headquarters. The petitioners are conscious for the loss of promotion that may ensue. They are steadfast on the claim of the Vigilance Department being a separate cadre whatever the consequences may be.