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2012 Supreme(Cal) 1001
High Court of Judicature at Calcutta
DIPANKAR DATTA, J.
Bijitaswa Rout & Others
Versus
State of West Bengal & Others
W.P. Nos. 92 of 2012, 2301 & 2995 (W) of 2010
Decided On : 10-12-2012
For the Appearing Parties:Somenath Bose, Bhaskar Prasad Banerjee, Ms. Rituparna Majumdar, Anurag Bagaria, B.R. Bhattacharya, Sr., Arunava Ghosh, Bhaskar Ghosh, Syed Chandan Hossain, Shamit Sanyal, Bikram Banerjee, K.K. Bandopadhyay, Kishore Datta, T. M. Siddique, Advocates.
Headnote:
The Court set aside the impugned resolution withdrawing recognition of three police associations (WBPA, Samiti, and KPA) and held that the Government could substitute the Joint Consultative Committees with Police Welfare Boards but in accordance with the law. The Court found that the change in policy was not based on proper materials and was not considered rational or reasonable, and that the impugned resolution was issued without obtaining the approval of the cabinet. The Court also held that the associations were not given an opportunity of hearing before the impugned resolution was issued, which violated the principles of natural justice. The Court further held that the associations could not be revoked on the ground that recognition in terms of the Act had not been obtained since a contrary practice of recognizing the associations had developed over the years and had continued since long.
Fact of the Case:
The Government of West Bengal issued an impugned resolution contained in No. 233-PL dated January 10, 2012, which sought to convey the decision of the Government to substitute the Joint Consultative Committees for Police at different levels, enunciated vide Resolution No. 5543-PL dated July 2, 1979, with Police Welfare Boards for the West Bengal Police and the Kolkata Police. Most importantly, it recorded that recognition accorded in favour of the three Associations was to be treated as withdrawn.
Finding of the Court:
The Court held that the impugned resolution was unsustainable in law and that the change in policy adopted by the Government to substitute the Police Welfare Boards for the Joint Consultative Committees was justiciable. However, bearing in mind that in the perception of the executive constitution of the Police Welfare Boards (upon discontinuation of the Joint Consultative Committees) would serve the interest of the police personnel in the State better, the process of decision making leading to the impugned decision is liable to be put under the judicial scanner and an adjudication must necessarily follow either in favour of or against interdiction.
Issues: 1. Whether the impugned resolution contained in No. 233-PL dated January 10, 2012 issued by the Additional Chief Secretary, Home Department, Government of West Bengal, conveying withdrawal of recognition of the three Associations, is sustainable in law or not. 2. Whether the change in policy adopted by the Government to substitute the Police Welfare Boards for the Joint Consultative Committees is justiciable and if so, whether the same is liable to interference.
Ratio Decidendi: 1. The Court held that the impugned resolution was unsustainable in law and that the change in policy adopted by the Government to substitute the Police Welfare Boards for the Joint Consultative Committees was justiciable. 2. The Court further held that the associations were not given an opportunity of hearing before the impugned resolution was issued, which violated the principles of natural justice.
Final Decision: The Court set aside the impugned resolution withdrawing recognition of three police associations (WBPA, Samiti, and KPA) and held that the Government could substitute the Joint Consultative Committees with Police Welfare Boards but in accordance with the law.
1. These three writ petitions have been heard together since the question of law involved therein is common. This common judgment and order shall govern the same.
2. The four petitioners in W.P. 92 of 2012, presented before the Court on February 3, 2012, are police personnel of the West Bengal Police Force. They are also office bearers of the West Bengal Police Association (hereafter the WBPA). It is claimed in the writ petition that much prior to India attaining independence, the Governor-in-Council was pleased to accord official recognition to the Bengal Police Association, since rechristened as WBPA, vide Bengal Government, Political Department Order No.1616 Pl.,dated May 21, 1923. The same was conveyed to the Honorary Secretary of the Bengal Police Association by the Assistant Inspector General of Police, vide memo dated May 25, 1923.
3. W.P. 2301(W) of 2012 has been preferred by Paschim Banga Non-Gazetted Police Karmachari Samiti (hereafter the Samiti) and its President and General Secretary on February 1, 2012. As the name of the Samiti would suggest, it consists of members who are non-gazetted police personnel of the West Bengal Police Force. The Samiti is a society registered in terms of the provisions of the West Bengal Societies Registration Act, 1961. It had applied for recognition before the Government of West Bengal on or about November 28, 1969 together with an amendment proposed by letter dated January 10, 1970. In response thereto, the Deputy Secretary, Home (Police) Department, Government of West Bengal, vide letter dated February 12, 1970, duly conveyed to the President of the Samiti according of recognition by the Governor of the State of West Bengal to the Samiti on the basis of its constitution furnished to the Government.
4. Kolkata Police Association (hereafter the KPA) and its General Secretary are the petitioners in W.P. 2995(W) of 2012, which was presented before the Court on February 13, 2012. The KPA comprises of several police personnel of Kolkata Police as its members. It is alleged in the writ petition that an application for recognition made by the KPA was approved on or about August 17, 1977 but the petitioners are not in a position to annex any document with regard to its recognition since the respondents have barred their access to the registered office and other offices of the KPA.
5. It is the common claim of the WBPA, the Samiti and the KPA (hereafter the three Associations, wherever referred to collectively) have been involved in multifarious activities including, inter alia, activities to espouse the legitimate grievances of its respective members and to press for redress in a manner known to law, and their existence and involvement in the system for seeking relief for victimized police personnel have been accepted by the Government without demur till January 10, 2012. On that date, the impugned resolution contained in No. 233-PL came to be issued by the Additional Chief Secretary, Home Department, Government of West Bengal. It sought to convey the decision of the Government to substitute the Joint Consultative Committees for Police at different levels, enunciated vide Resolution No. 5543-PL dated July 2, 1979, with Police Welfare Boards for the West Bengal Police and the Kolkata Police. Most importantly, it recorded that recognition accorded in favour of the three Associations was to be treated as withdrawn.
6. It is noticed that the question of setting up a regular machinery for examining the grievances of police personnel and for taking action for redressal had been under consideration of the Government. For such purpose, vide resolution contained in No. 5543-PL dated July 2, 1979 issued by the Home Secretary to the Government of West Bengal, decision of the Government to set up 3-tier Joint Consultative Committeesc at thelevels of the Superintendents of Police and Inspector-General of Police in the West Bengal Police, and Deputy Commissioners of Police and Commissioner of P
