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CASE NO.: Appeal (civil)  3886-3887 of 2007

PETITIONER: Pramod Kumar & Anr

RESPONDENT: Bihar Vyavasayik Sangharsh Morcha & Ors

DATE OF JUDGMENT: 24/08/2007

BENCH: Dr. ARIJIT PASAYAT & ALTAMAS KABIR

JUDGMENT: J U D G M E N T  

CIVIL  APPEAL NOS. 3886-3887           OF 2007 (Arising out of S.L.P. (C) Nos.191-192 of 2004)  

Dr. ARIJIT PASAYAT, J.

1.      Leave granted.                  2.      Challenge in these appeals is to the order passed by a  Division Bench of the Patna High Court giving certain  directions in a Public Interest Litigation filed by the  respondent no.1. The prayer in the writ petition was  essentially to direct the officials "to stop criminal events  against the shopkeepers, dealers, artisans and industrial and  industrial units and labourers and industrial units and also to  stop their exploitation by the officers and police personnel." 3.      The basic grievance was that officials in the police  department were continued at one particular station for long  period which is undesirable.  The High Court disposed of the  writ petition inter-alia with the following directions and  observations:            (a)     Let the Director General Police make out a list  of officers from the station House Officer up to  the Additional Director General of Police, of  whose who have remained in their station for  more than four years. This dossier is to be  supported with information from service record  as to which officer throughout their career has  remained at which station and for how long.  Officers who have remained at one station for  over four years must see a posting out within  six weeks from today.  These would be officers  below the rank of Inspector General of Police.   Staff below the SHOs who have remained at a  particular station beyond three years will be  identified by the District heads of police  concerned and their movement will be  undertaken by the Director General of Police.                 It must be mentioned that the period of  four years is set because in the normal course  of government service, transfers and postings  are made for officers if they have been at a  particular posting for more than three years.   This order obviously does not preclude the  Director General of Police from making any

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transfers should an officer have been at a  posting for a lesser period, which is within  normal administrative powers. (b)     On the monitoring of crime which the law  obliges the state to register the court suggests  the following measure:-                 The State of Bihar will request the  National Informatics Centre, Government of  India, State unit, to make out a blue print for  monitoring the recording of a First Information  Report, whether it is registered as an FIR or an  entry in the General Diary.  Every such record  in continuation of the orders of the court dated  5 August, 2003 will be transmitted by the  police stations concerned to the district police  officer, whether the Superintendent of Police or  the Senior Superintendent of Police.  This will  create a data-base at the district police  headquarters.  A summary of the FIR or the  General Diary containing the offences and the  person’s name will be transmitted to the  District Judgeships (District and Sessions  Judge). A periodical report, as the police  regulations so require, will also be given on the  progress and action taken on a reported crime,  whether it has culminated in a final report to  be filed or a charge sheet to be filed before the  Magistrate concerned. If common name is occurring of an  accused in more than one district, this  information will be shared between the police  officers who are heads of the districts  concerned and intimated to the police  headquarters and in terms of the order dated  August 5, 2003, as also to the district  judgeship. The National Informatics Centre (NIC) will  also draw up a plan (reference orders of the  Court dated August 5 and this order) how an  FIR may be recorded by computer by the  SP/SSP/CJM on the failure of the police  station to record it, and to create a data base  on crime and criminals in the State. Report to be submitted by the NIC to the  Director General of Police for due action on it  by the State Government, and the High Court  to be informed on the report and progress on  it."  4.      Learned counsel for the appellants submitted that the  directions are contrary to the statutory prescriptions i.e Rule  778 (vii) of the Bihar Police Manual. The averments in the writ  petition were extremely vague.  Not even one instance was  given to substantiate the prayer to direct officials to stop  "criminal events" and "exploitations". The High Court instead  of dismissing the frivolous writ petition has given directions  touching service conditions of large number of officials who  were not even parties \026 not even in representative capacity.  During the course of hearing, learned counsel for the  respondent-State brought to our notice the Bihar Police Act,  2007.  It appears that the Bihar Police Act, 2007 has been  enacted to give effect to the directions of this Court in   Prakash Singh and Ors. V. Union of India and Ors. (2006 (8)  SCC 1). Several provisions of the Act need to be noted.  They  read as follows: "Chapter III

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Superintendence and Administration of Police 23.     State Police Board         The Government shall, within six months of  the coming into force of this Act, establish a  State Police Board to exercise the functions  assigned to it under the provisions of this  Chapter.   24.     Composition of the State Police Board                 The State Police Board shall consist of: (a)     Chief Secretary \026 Chair person (b)     Director General of Police \026 member and (c)     Secretary in charge of the Home  Department - member-secretary.   25.     Functions of the State Police Board          The State Police Board shall perform the  following functions: (a)     frame broad policy guidelines for  promoting efficient, effective, responsive and  accountable policies, in accordance with the  law;  (b) identify performance indicators to evaluate  the functioning of the Police Service.  These  indicators shall, inter alia, include: operational  efficiency, public satisfaction, victim  satisfaction vis-‘-vis police investigation and  response, accountability, optimum utilization  of resources, and observance of human right  standards; and (c) review and evaluate organizational  performance of the Police Service in the State  as a whole as well as district-wise against  performance indicators as identified and laid  down and resources available with and  constraints of the police.    27.     Powers and responsibilities of the Director  General of Police         As head of the State Police Service, it shall be  the responsibility of the Director General of  Police to: (a)     operationalise the policies, the strategic  plan and the annual plan prepared by the  Government; and  (b)     administer, control and supervise the  Police Service to ensure its efficiency,  effectiveness, responsiveness and  accountability. 30.     Transfer & Postings (i)     The transfers and postings of the Police  officers and personnel of Supervisory  ranks shall be governed by the rules of  Executive Business and such rules  framed by the Government from time to  time.  (ii)   The officers shall ordinarily have a tenure  of two years.         Provided that any such officer may be  transferred from his post before the  expiry of the tenure of two years  consequent upon: (a)     promotion to a higher post; or (b)     conviction, or charges having been  framed, by a court of law in a criminal  offence; or (c)     incapacitation by physical or mental  illness or otherwise becoming unable to

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discharge his functions and duties; or (d)     the need to fill up a vacancy caused by  promotion, transfer, or retirement; or (e)     any other administrative reasons, which  may be in the interest of efficient  discharge of duties."      5.      Chapter III relates to superintendence and  administration of police.   6.      Section 10 of the Act deals with the transfer and posting  of certain ranks.  The same reads as follows:         "(1) The Police Officers ranging from the  rank of Inspector to Constable will be posted to  a particular post within the jurisdiction of the  District Superintendent of Police by the  District Superintendent of Police. They will  have a tenure of six years in a District, eight  years in a Range and ten years in a Zone.  Transfers from one district to another within  the Range will be done by a committee  consisting of the Range DIG and the District  Superintendents of Police of the Range.  Transfers from one Range to another Range  will be made by a committee consisting of the  Zonal IG and all the Range DIGs of the Zone.  Transfers from one Zone to another Zone will  be made by a committee consisting of the  Additional Director General of Police and all  the Zonal IGs. (2)     An officer posted as a Station House  Officer in a Police Station or as an officer-in- charge of a Police Circle or Sub-Division or as  a Superintendent of Police of a district shall  have a term of minimum two years:         Provided that any such officer may be  transferred from his post before the expiry of  the tenure of two years or more consequent  upon:         (a)     promotion to a higher post; or         (b)     conviction, or charges having been  framed, by a court of law in a criminal offence;  or          (c)     incapacitation by physical or mental  illness or otherwise becoming unable to  discharge his functions and duties; or         (d)     the need to fill up a vacancy caused  by promotion, transfer or retirement; or         (e)     any other administrative reasons,  which may be in the interest of efficient  discharge of duties."   

7.      Chapter V deals with effective investigation including use  of science and technology in investigation. Sections 36, 38, 42  and 45 read as follows:   "36.    Creation of Special Crime Investigations  Units         The Government may create, in crime prone  areas Special Crime Investigation units, each  headed by an officer not below the state cadre  rank of Sub-Inspector of Police, with such  strength of officers and staff as may be deemed  necessary for investigating economic and  heinous crimes.  The personnel posted to this  unit shall not be diverted to any other duty,  except under very special circumstances with  the written permission of the Director General

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of Police.    38.     Tenure of Posting in Special Crime  Investigation Units         Officers posted to Special Crime Investigation  Units will normally have tenure of three years  after which they will be rotated to law and  order and other assignments. 42.     Posting of officers and staff to the Special  Investigation Cell         The officers and staff to be posted to this Cell  shall also be selected and specially trained. 45.     Selection of officers for Crime Investigation  Department         The officers posted to the Crime Investigation  Department will be selected on the basis of  their aptitude, professional competence,  experience and integrity. They will undergo  appropriate training upon induction, and their  knowledge and skills will be upgraded from  time to time through appropriate refresher and  specialized courses." 8.      In Prakash Singh’s case (supra), it was held in para 31,  so far relevant, as follows:  "Minimum tenure of IG of police and other  officers (3) Police officers on operational duties in the  field like the Inspector General of Police in- charge Zone, Deputy Inspector General of  Police in-charge Range, Superintendent of  Police in-charge District and Station House  Officer in-charge of a Police Station shall also  have a prescribed minimum tenure of two  years unless it is found necessary to remove  them prematurely following disciplinary  proceedings against them or their conviction in  a criminal offence or in a case of corruption or  if the incumbent is otherwise incapacitated  from discharging his responsibilities. This  would be subject to promotion and retirement  of the officer.      Separation of investigation (4)     the investigating police shall be separated  from the law and order police to ensure  speedier investigation, better expertise and  improved rapport with the people.  It must,  however, be ensured that there is full  coordination between the two wings.  The  separation, to start with, may be effected in  towns/urban areas which have a population of  ten lakhs or more, and gradually extended to  smaller towns/urban areas also. Police Establishment Board    (5)     There shall be a Police Establishment  Board in each State which shall decide all  transfers, postings, promotions and other  service related matters of officers of and below  the rank of Deputy Superintendent of Police.   The Establishment Board shall be a  departmental body comprising the Director  General of Police and four other senior officers  of the Department.  The State Government may  interfere with the decision of the Board in  exceptional cases only after recording its  reasons for doing so.  The Board shall also be  authorized to make appropriate

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recommendations to the State Government  regarding the postings and transfers of officers  of and above the rank of Superintendent of  Police, and the Government is expected to give  due weight to these recommendations and shall  normally accept it.  It shall also function as a  forum of appeal for disposing of representations  from officers of the rank of Superintendent of  Police and above regarding their  promotions/transfers/disciplinary proceedings  or their being subjected to illegal or irregular  orders and generally reviewing the functioning  of the police in the State."        

9.      Above being the position, the High Court’s directions are  no longer relevant.  The appeals are accordingly disposed of.  No costs.