BLACIOUS TOPPO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present writ petition has been preferred for issuance of an appropriate writ, order or direction to declare that the Vigilance Bureau of Vigilance Department in which the petitioners are working as a distinct and separate cadre from the department of regular police force in the State. It has further been prayed for issuance of a mandamus to consider the case of promotion of the petitioners to the post of Inspector of Police, Vigilance Bureau. The petitioners submit that even the advertisement was made by the State Government for recruitment of police constables for the Vigilance Department.

(2.) THE counsel for the respondents have submitted that the Vigilance Bureau of Jharkhand is not a separate and distinct cadre from the Department of regular Police Force rather it is a supplementary unit of Jharkhand State Police made for special investigation of criminal cases concerned with the allegations of corruption and disproportionate assets against the State Government employees. It has also been contended that even though the constables are directly appointed in the Vigilance Bureau but the same cannot be said to be a separate and distinct cadre since the promotion to the higher rank is done according to the seniority in the general police and this fact is further corroborated by the letter dated 5.3.2005 issued by the Vigilance Bureau, Bihar in response to letter dated 24.1.2003 issued by the Vigilance Bureau of Jharkhand.

(3.) IT appears that after the re -organization Act and creation of Jharkhand State the Jharkhand Vigilance Bureau was re -organised and different posts were created by the State Government for efficient working of the Bureau and it was decided by the Jharkhand State Government to fill up all newly created posts on deputation and contract basis which is apparent from the memo issued by the Cabinet Secretariat and Coordination Department (Vigilance) Sankalp Sankhya -Vigilance 91/2001, 262, Ranchi dated 4th May, 2001.