STATE OF U. P. vs RAJENDRA SINGH - 2015 Supreme(All) 453

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(All) 453

ALLAHABAD HIGH COURT
(Lucknow Bench)
(Full Bench)
BEFORE : DR. DHANANJAYA YESHWANT CHANDRACHUD, C.J., SHRI NARAYAN SHUKLA AND RAJAN ROY, JJ.
STATE OF U.P. AND OTHERS ......Petitioners
Versus
RAJENDRA SINGH AND ANOTHER .....Respondents
(Service Bench Nos. 726, 505 of 1997, 2916 of 1994, 927, 1547 of 1999, decided on 11th May, 2015)

Advocates:
Counsel :
Smt. Sangeeta Chandra and Addl CSC for the Petitioners; Sudeep Seth for the Respondents.

Headnote:(A) U.P. Police Act, 1861—Section 2—U.P. Temporary Government Servants (Termination of Service) Rules, 1975—Regulation 541—Termination—Temporary Police Constable—Applicability of Regulation 541—Question referred to Full Bench in the present case as to whether a temporary police constable appointed under Section 2 of Police Act and not placed on probation, can be terminated in accordance with Rule 1975 and whether procedure of Para 541 of Police Regulations be applicable—Held, 'Yes'—A person who was appointed as a temporary police constable and not been placed on probation, can be terminated—Such a person not governed by the provisions of Regulation 541 which applied to probationers—The rules which had been framed under the proviso to Article 309 of the Constitution of India, the Rules of 1975 would not be applicable to members of the police force—However, the power to terminate the services of a person who were appointed on a temporary basis inheres in the power to appoint—The mere mention of the Rules of 1975 would not invalidate an order of termination. [Paras 43 to 55]
(B) Constitution of India, 1950—Article 309—Recruitment—Condition of service—The recruitment and condition of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State to be governed by enactments of the appropriate legislature - Parliament or the State legislatures, subject to the provisions of the Constitution. [Para 28]
Result; Order Accordingly.

JUDGMENT

Hon'ble Dr. Dhananjaya Yeshwant Chandrachud, C.J.—The issue

On 7 November 2012, a Division Bench referred the following question of law for resolution by the Full Bench:

“Whether a temporary police constable appointed under Section 2 of the Police Act 1861 (Police Act), who has not been placed on probation, can be terminated from service in accordance with the Uttar Pradesh Temporary Government Servants (Termination of Service) Rules, 1975 (Police Regulations) or whether the procedure provided under Para 541 of the Police Regulations dealing with the constables on probation shall be applicable”

2. The issue before the Full Bench, turns upon the interpretation of the provisions of the Police Act and of the Police Regulations. The issue is whether a person, who has been appointed as a police constable on a temporary basis, is entitled to the benefit of Regulation 541 of the Police Regulations. The constables who are before this Court, contend that the services of a person who is appointed on a temporary basis, can be dispensed with only in accordance with the procedure prescribed by Regulation 541. Contrary to this, is the position which has been adopted by the State, which is that the services of a person who has been appointed on a temporary basis are not governed by Regulation 541 which applies only to probationers, and that the Rules framed by the State under Article 309 of the Constitution, called the Uttar Pradesh Temporary Government Servants (Termination of Service) Rules, 1975 (Rules of 1975) would apply.

The Police Act 1861

3. The Police Act was enacted in the aftermath of the Mutiny of 1857. The Act received the assent of the Governor-General on 22 March 1861. The long title describes it as “an Act for the regulation of police”. The Preamble states that ‘it was expedient to re-organise the police and to make it a more efficient instrument for the prevention and detection of crime.’ The Act and the Regulations were preserved under Section 243 of the Government of India Act, 1935 and by Articles 313 and 372 of the Constitution.

4. After the enactment of the Constitution, the police is a state subject under Entry 2 of the State List to the Seventh Schedule. Entry 2, which deals with the police, including railway and village police, is subject to the provisions of Entry 2A of the Union List providing for the deployment of any armed force of the Union or any other force subject to the control of the Union.

5. Section 2 of the Police Act provides for the constitution of the force, in the following terms:

“2. Constitution of force.—The entire police establishment under a State Government shall for the purposes of this Act, be deemed to be one police force, and shall be formally enrolled and shall consist of such number of officers and men, and shall be constituted in such manner, as shall from time to time be ordered by the State Government.

Subject to the provisions of this Act the pay and all other conditions of service of members of the subordinate ranks of police force shall be such as may be determined by the State Government.”

6. Section 7 provides that subject to the provisions of Article 311 of the Constitution and to such rules as the State Government may, from time to time, make under the Act, the Director cum Inspector General may, at any time, dismiss, suspend or reduce any police officer of subordinate ranks who is thought to be remiss or negligent in the discharge of his duties or unfit ‘for the same’ or may award one of the punishments mentioned in the provision. Section 8 provides that every police officer appointed to the police force shall receive on appointment, a certificate in the form annexed to the Act by virtue of which such a person is vested with the powers, functions and privileges of a police officer. When the person named in the certificate ceases to be a police officer, the certificate shall cease to have effect and it would have to be surrendered forthwith.

7. Section 12 confers upon th