RAMDEO SINGH Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) The case of the petitioner in this writ application is that he was appointed as a temporary Operator (Literate Constable) in the Bihar Police Signals. His appointment is referable to the Bihar Police Force under Sec. 2 of the Police Act 1861 (Central Act V of 1861 - hereinafter called the Act). Under Sec. 8 of the Act every Police officer appointed to the police Force, other than the officers mentioned in Sec. 4 thereof, is to receive on his appointment a certificate in the form annexed to the said Act. Several persons, who were appointed along with the petitioner received their appointment certificate but the petitioner did not get one. In the year 1965 he got the appointment certificate on his asking a copy of which is Annexure 'D/1' to the writ application. One of the grievances of the petitioner is that in this certificate the following words have been wrongly scored through:-

(2.) On the 6th of Aug., 1965, the petitioner applied to the Assistant Inspector-General of Police (Respondent No. 4 ) to know the grounds of rejection of his representation. Under Memo No. 34 dated the 12th Oct., 1965, a copy of which is Annexure 'F', he was informed that he could not be reverted to the general line and that the wireless cadre, to which he was recruited, is a closed cadre Thereupon the petitioner asserted that his appointment was not in a closed cadre and pressed his claim for being placed in the general line, so that he may, according to his seniority in the Police Force, get the due place. He mad a further representation to the Deputy Inspector-General of Police Military and Training. Government of Bihar (Respondent No. 3), but, by bis memo dated the 2nd Aug., 1966, he also declined to interfere with the order passed by the Assistant Inspector General of Police, observing at the same time that there was som : substance in the petitioner's prayer. A copy of the order of Respondent No. 3 is Annexure 'G'. Thereafter, on the 16th Sept., 1966 the petitioner filed a representation to the Inspector-General of Police (Respondent No 2). On the 18th of Feb., 1957, he received an intimation conveying to him that the Inspector-General had also taken the view that the wireless section of the Police Department is a closed cadre and that the direct recruits in the technical section had no case for reversion to the general line. His representation was accordingly rejected. A copy of the order of the Inspector-General is Annexure 'H'.

(3.) I may state here that it would appear, from Annexure 'F', 'G' and 'H' that the petitioner insisted for reversion to the general line from the wireless section of the Police Department. This was his main demand before the Police authorities. This prayer made on his behalf was not acceded to by them on the ground that the petitioner was appointed as a literate Constable Operator and was trained as such, he had not been trained for general cadre and that the wireless cadre, to which he was recruited, is a closed cadre.