Officers who have remained at one station for over four years must see a posting out within six weeks from today.
The High Court issued numberices to the respondents pursuant to which they filed affidavits.
The appellant wanted his writ application pending in the Patna High Court to be heard with C.W.J.C. No.
On 14/08/2003 the High Court directed the Director General of Police to make a list of officers from the Station House Officers upto the Additional Director General of Police, of those 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.
1311 of 2003 by Bihar Vyavsayik Sangharsh Morcha and another raising several issues relating to law and order problem in the State of Bihar.
Relevant paragraphs from the High Courts order companyld be quoted The companyrt suggests the following measures as an ad interim exercise Let the Director General Police make out a list of officers from the Station House Officer upto the Additional Director General of Police, of those who have remained in their station for more than four years.
He stated in the application that the transfers and postings of the officers of Bihar Police Service were done arbitrarily in violation of guiding principles framed by the Home Department of Government of Bihar.
He stated that the said writ application has been pending in the High Court for last four years during which the government has tried to victimize him mala fide.
Admittedly, the appellant is posted at Patna for several years.
He, therefore, prayed that he may be impleaded in C.W.J.C. No.1311 of 2003.
The appellant claimed in the application that he was the President of Bihar Police Seva Sangh, a service association of members of Bihar Police Service.
The petitioner inter alia sought direction to the respondents to take measures to stop exploitation of shopkeepers, dealers, artisans, labourers and industrial units by officers and police personnel.
In December, 2003, the appellant, who was holding the post of Deputy Superintendent of Police, Crime Investigation Department CID , Bihar, filed an intervention application being I.A.No.5588 of 2003.
The issues raised inter alia were whether the respondents were duty bound to provide safe and healthy atmosphere for the proper development of the State or number and whether the inaction of the respondents was violative of fundamental rights guaranteed under Articles 19 and 20 of the Constitution of India.
The appellant referred to a Writ Application filed by him being C.W.J.C. No.12225 of 1999 against the State of Bihar for an order directing the respondents to implement the said guiding principles.
The appellant was unhappy and disturbed about the task undertaken by the High Court.
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 companycerned and their movement will be undertaken by the Director General of Police.
He further stated that his application should be heard along with the C.W.J.C. No.1311 of 2003.
The High Court even recorded the statement of the Advocate General that certain transfers of police officers are being effected.
It is clear from several orders that the High Court has passed in this matter that while dealing with the question of law and order situation in Bihar, the High Court was looking into the State Governments policy of postings and transfer of police officers, obviously because that has a direct bearing on efficiency and rectitude of the police officers.
It is this that made him intervene in C.W.J.C. No.1311 of 2003.
This is evident from the first paragraph of his intervention application where he has referred to the order passed by the High Court directing the respondents to submit a list of officers who have number been removed from their station for more than four years.
RANJANA PRAKASH DESAI, J. A petition was filed in public interest in the Patna High Court being W.J.C. No.
The State of Bihar, the Director General of Police of Bihar and others were made party respondents.
