Advocates:
['NARENDRA BALI', '', 'SAURAV ADHIKARI', 'SHAKTI SINGH', 'C S C']

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition (PIL) No. 48 of 2017

Arun Kumar Bhadoria

....Petitioner

Versus

State & others

.…Respondents

Mr. Shakti Singh, Advocate for the petitioner.

Mr. Harendra Belwal, Brief Holder for the State/respondents.

Judgment Reserved- 11.04.2018

Date of Judgment - 15.05.2018

Coram: Hon’ble Rajiv Sharma, J.

Hon’ble Sharad Kumar Sharma, J.

Per: Hon’ble Rajiv Sharma, J.

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.

2

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 not

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.

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.