IN THE HIGH COURT OF UTTARAKHAND
RAJIV SHARMA, SHARAD KUMAR SHARMA, JJ.
ARUN KUMAR BHADORIA - Appellant
Versus
STATE - Respondent
Writ Petition (PIL) No. 48 of 2017
Decided on : 15-05-2018
RAJIV SHARMA, J.
1. The present petition has been filed in the nature of Public Litigation Interest (PIL) seeking better conditions of service for the Police Force in the State of Uttarakhand.
2. According to the averments made in the petition, the conditions of service of the police officers and police personnel should be made humane. The information was sought by the petitioner on various issues of conditions of service of the police officers and police personnel on 05.11.2011. The information was supplied on 16.01.2013. Petitioner made a representation to Hon'ble the Chief Minister, State of Uttarakhand, on 13.03.2013 for improving the conditions of service of the police force. The representation was also made to Hon'ble the Chief Justice of this Court on 02.08.2014.
3. Petitioner has approached the State Human Rights Commission. The Commission has passed the order on 18.12.2014. The State Human Rights Commission was informed vide letter dated 30.06.2015 that as per the directions issued by the Hon'ble Supreme Court of India, the Uttarakhand Police Act, 2007 was enacted.
4. The reply has been filed by the respondent nos.1 and 3. It is highlighted that as per Section 42 of Clause No.1 of the Uttarakhand Police Act, 2007, the police officers are supposed to work for 24 hours. It is further averred in the reply that police officers get one month's additional salary as per Govt. Order dated 09.09.1979 in lieu of availing the Gazetted Holidays. The Non-Gazetted police officers are given causal leave for 30 days' in a year. It is further averred that to maintain law and order, the Police Department has taken the duty from the police officers for eight hours a day approximately, which is necessary to discharge the government liabilities.
5. The State of Uttarakhand has enacted the Act called "The Uttarakhand Police Act, 2007 (hereinafter referred to as the Act, 2007)." The preamble of the Act reads as under:-
"To provide for establishment, regulations and management of the police, redefine its role, duties and its responsibilities and to enable it to function as an efficient professional effective, accountable and people friendly and responsive agency by taking into account the emerging challenges of policing, enforcement of rule of law, the concern for the security of the State and the people, good governance and human rights."
6. Section 2(p) of the Act, 2007 defines Police Officers as under:-
"Police Officer" means any officer, belonging to the Indian Police Service, Uttarakhand Police Service or Uttrakhand Police Service or Uttarakhand Police Subordinate Service and includes any other service, constituted under this Act.
7. Section 2(q) defines police personnel as under:-
"Police Personnel" means and includes such police officers and all other persons, whom the Appointing Authority is the Director General of Police or any officer subordinate to him;
8. Constitutional and Organization of the Police Force is provided under Section 3.
9. Section 4 deals with Police Ranges.
10. Section 5 provides that the administration of the Police District within the local jurisdiction of the District Magistrate, shall be vested in a Superintendent of Police under the general coordination and direction of the District Magistrate.
11. Section 7 deals with Police Stations.
12. Section 12 provides for Specialized Police Force.
13. Section 15 provides for Police Training Institutions.
14. The Administration of Police is provided under Section 21.
15. Section 29 empowers the State Government to establish a State Police Board to perform the functions, assigned to it under the provisions of Chapter IV.
16. Chapter V deals with Role, Functions and Duties of the Police.
17. Section 42 reads as under:
"Every police officer shall, for the purposes of this Act, be considered to be always on duty, and may, at any time, be employed as a police officer in any part o
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