RAJESH KUMAR CHANDRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Bindhyachal Singh, learned counsel for the petitioners and Dr. Anand Kumar, learned AC to AAG-3.

(2.) The petitioners, who are 132 in number, have approached this Court for a direction to the Director General of Police, Bihar Military Police (BMP in short) to relieve the petitioners from their respective battalions to facilitate their joining as Literate Constable (Operation) in the Bihar Police Radio Organization in terms of Memo No. 317 dtd. 16/2/2017 issued by the Additional Director General of Police (Wireless and Technical Services), Patna as also for setting aside the order dtd. 1/3/2017 issued by the Additional Director General of Police, BMP, whereby the relieving of the petitioners for their joining in Bihar Police Radio Organization has been forestalled.

(3.) The Director General of Police, vide his wireless message dtd. 23/9/2014 intimated to the heads of the District Forces and Units to forward such applications of interested Constables for the purposes of their absorption on the post of Literate Constable (Operation) in Bihar Police Radio Organization. A direction, therefore was issued to obtain the willingness of such Constables having requisite qualification which was enumerated in the aforesaid wireless message. The service particulars of the willing candidates, after applying the roster and reservation, was directed to be submitted to the Director General of Police. The reason for issuance of such wireless message was lack of sufficient strength in the Bihar Police Radio Organization for effective transmission of Police decisions in various units. It was also made known to the Heads of the District Units that in the cadre of the Bihar Police Radio Organization, there would be promotional avenues and therefore many Constables in the District Police as also BMP Units would be interested in the same. Pursuant to the aforesaid wireless message, the willingness of the candidates (Constables) was obtained. The petitioners gave their willingness and on scrutiny of their academic qualification and otherwise suitability for being absorbed in the Bihar Police Radio Organization, they were recommended. The List of recommendees included 370 candidates, some of whome were taken from the District Police Unit whereas others including the petitioners were selected from various units/batallions of BMP.