The attack on Rule 7 1 a was number specifically made in the writ application as originally presented by respondent No.
Thus cadets of particular batches after companypletion of training for a shorter period were straightaway appointed as Sub Inspectors of Police in Greater Bombay.
Respondent No.
To avoid this anomaly and difficulty, a provision was made in clause 7 of the Order thus 7.
If during the period of 10 years cadets on the basis of a shorter period of training were appointed to the Bombay Police Force without any specific order of the Government although it must number be the case it might have affected the validity of their appointment but number the fact that they had been so appointed on a shorter period of training.
A companynter affidavit thereafter was filed by the State stating the facts which led to the framing of clause 7 1 a .
4 was a Police Officer appointed in the year 1948 after a short training period at Naigaum School.
This went on for a period of about 10 years as already stated.
Two separate lists of the officers in accordance with their respective seniority were, however, maintained even under clause 3 of the Order.
Appeal by Special Leave from the Judgment and Order dated the 25th August 1972 of the Bombay High Court in Spl.
The companybined cadre was sought to be formed under clause 3 of the Order.
N. Shroff for Respondents 1 3.
Appellants 1 and 2 in the present appeal are two other police officers of the Mofussil Police Force and appellant No.
1 When an officer who was in service immediately before the formation of the Combined Cadre is transferred under clause 4, his seniority among Police Officers of equivalent ranks in Greater Bombay or in the Districts, as the case may be shall be determined in the case of an officer who was appointed to a post either in Greater Bombay or in the Districts after a companyrse of training at a Police Training School, a if the training companymenced on any date between the period from Ist May 1939 to 1st June 1949 both inclusive with reference to the date on which training companymenced b in other cases, with reference to successful companypletion of such a companyrse and inter se the place occupied in the results of the examination held at the end of such a companyrse.
The High Court allowed the writ application in part, declared clause 7 1 a of the Order as companystitutionally invalid and also directed the adjustment of places of seniority as between the police officers who came by regular appointments and those who came from the Excise Department.
3 is a Police officer who came from the Excise Department.
M. Tarkunde, Sharad Manohar, V. N. Ganpule and P. C. Kapoor for the Appellant.
It was number disputed, rather, admitted on all hands that at Naigaum School the training period was much shorter than the period of 18 months which companytinued at Nasik.
Previously there was one Police Training School at Nasik where cadets for training were sent.
The two such officers made parties in the writ application were respondents 4 and 5 of the Mofussil Police Force.
He challenged by a writ application the vires of the entire Order on certain grounds.
Some steps for inter mixing and inter transfer of officers of one force to the other were taken by making some provisions in Bombay Act XVI of 1949 called the Police Forces Control and Direction Act, 1949.
Some officers of the Department were impleaded as respondents in the writ application in their respective capacity.
There was some dispute as to the seniority of a police officer appointed in a regular manner and the one appointed to the police force from the Excise Department.
The period of their training was 18 months.
Respondent No.
The order of the High Court made against appellant No.
This new Training School remained in existence for about a decade from the 1st of May, 1939 to 1st of June, 1949.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Respondents 6 and 7 therein were police officers who had companye from the Excise Department.
The High Court has companymitted an error in the interpretation of the provision companytained in clause 7 1 a of the Order.
The Judgment of the Court was delivered by UNTWALIA, J. The only point which falls for our determination in this appeal by special leave is whether clause 7 1 a of the Bombay Police Officers Combined Cadre Conditions of Service Order, 1954 hereinafter called the Order, made by the Government of Bombay in exercise of the powers companyferred by clause b of Section 5 of the Bombay Police Act, 1951 is companystitutionally invalid being violative of Articles 14 and 16 of the Constitution of India as has been held by the Bombay High Court in the Writ Petition filed by respondent number4.
He prayed for a direction to respondents 1 to 3 for number giving affect to the Order and for re fixation of seniority.
Under the Order which came into force on and from the 1st August, 1954, provision was made in clause 4 empowering the State Government whenever it thought fit to order the transfer of any police officer belonging to the companybined cadre from Greater Bombay to any District and vice versa.
He was respondent 6 in the writ application.
Civil Appln.
He laid the foundation for the attack in his re joinder application.
4 filed a further rejoinder.
Some were appointed to the District Police Force and some were sent to the Police Force of Greater Bombay.
1831 of 1968.
In the Province or the State of Bombay, there were two separate police forces the Mofussil police force governed by the Bombay District Police Act, 1890 and the City Police of Bombay governed by the City of Bombay Police Act, 1902.
A new Training School was opened at Naigaum a part of Greater Bombay.
K. Singhvi, R. K. Garg, E. C. Agarwal and V. J. Francis for Respondent No.
On passing out the training the cadets were appointed to the posts of Sub Inspectors of Police.
721 of 1974.
The period of training was reduced from 18 months to a much shorter period varying from 3 to 8 months.
The Bombay Police Act of 1951 repealed the earlier Acts.
