R. Subhash Reddy, J.

1. This writ petition is filed by way of Public Interest Litigation the prayers, which read as under:-

"A. This Hon'ble Court may be pleased to allow this petition;

B. This Hon'ble Court may be pleased to issue the writ of mandamus or any other appropriate writ, order or direction, to quash and set aside the impugned Order dated 31.08.2016 reappointing Respondent No. 2 and posting him as the Superintendent of Police, Mahisagar District;

C. This Hon'ble Court may be pleased to issue the writ of mandamus or any other appropriate writ, order or direction, to quash and set aside the impugned Order dated 13.10.2016 reappointing Respondent No. 3 and posting him as the Deputy Superintendent of Police, Headquarters, Western Railways, Vadodara;

D. By way of interim relief, this Hon'ble Court may be pleased to issue the writ of quo warranto or any other appropriate writ, order or direction, to restrain Respondent No. 2 from discharging his duties as the Superintendent of Police, Mahisagar District, as well as restrain Respondent No. 3 from discharging his duties as the Deputy Superintendent of Police, Headquarters, Western Railways, Vadodara, with immediate effect;

E. Pass any such other orders as may be deemed fit, proper and just in the interest of justice pending admission, hearing and final disposal of the present petition."

2. As averred in the petition, the petitioner who was member of 1992 batch of direct recruit to the Indian Police Service, was allotted to Gujarat Cadre. It is stated in the petition that during communal riots of 2002 in the State of Gujarat, he was posted as Superintendent of Police, Bhavnagar District. He has rendered distinguished service and was instrumental in tracing out the accused persons during riots. It is also stated that the petitioner is recipient of award conferred by Indian Institute of Technology, Kanpur as distinguished alumnus of the institute.

2.1 In the petition, which is filed by way of PIL, the petitioner has challenged contractual appointment, after retirement, made by the 1st respondent in favour of 2nd and 3rd respondent. It is alleged that in view of the criminal antecedents, their appointments to the senior position after retirement is not conducive to general public interest. The petitioner has placed on record copy of the impugned Notification No. IPS/102016/454292/B dated 31.08.2016. By the aforesaid proceedings, 1st respondent has appointed 2nd respondent on contractual basis and posted him as Superintendent of Police, Mahisagar District. Further, copy of impugned Notification bearing No. DySP/102016/1120/B dated 13.10.2016 is also placed on record. By virtue of aforesaid notification, 1st respondent has appointed 3rd respondent after retirement on contractual basis and posted him as Deputy Superintendent of Police, Headquarters, Western Railways, Vadodara.

2.2 It is the case of the petitioner that 2nd respondent was directly recruited as Deputy Superintendent of Police in 1996 and is Medical Doctor by profession. During his service, he was allegedly involved in fake encounter in two criminal cases i.e. Sohrabuddin Kauserbi and Tulsiram Prajapati. After investigation, he was arrested and charge-sheeted by CBI and the case is pending. It is pleaded that despite pendency of charge against him, after his release on bail, he was promoted to the rank of Superintendent of Police and was posted as Superintendent of Police, Mahisagar District by 1st respondent. It is also pleaded that he is also charge-sheeted in Ishrat Jahan fake encounter case and it is also pending trial.

2.3 It is further stated that 2nd respondent retired from service on attaining the age of superannuation on 31.08.2016. Thereafter, immediately, vide impugned notification, he was appointed on contractual basis and posted as Superintendent of Police, Mahisagar District with effect from 01.09.2016 to 31.08.2017. A reference is made to case registered against 2nd respondent vide Umargaon Police Stati