Deepak Kumar No. 062541943 and 46 Others Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko and 13 Others — Allahabad HC (2024) — LawSathi Research

Deepak Kumar No. 062541943 and 46 Others Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko and 13 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to file separate fresh representations within ten days before opposite party no. 2 (Additional Director General of Police (Establishment), D.G.P. Headquarter, Lucknow); competent authority to decide them by speaking and reasoned order within six weeks and communicate the decision forthwith.

Issue for consideration

Whether the petitioners, having completed three years of service at Dial 100/Dial 112, are entitled to be sent back to their parent department (Civil Police) in terms of the Police Department's own policy.

Court's answer

Without entering into the merits of the issue, the petitioners were permitted to move separate fresh representations within ten days before opposite party no. 2, the Additional Director General of Police (Establishment), D.G.P. Headquarter, Lucknow, enclosing their earlier representations and relevant documents.

Ratio / Principle

The competent authority was directed to dispose of the representations with a speaking and reasoned order, strictly in accordance with law, expeditiously, within a period of 6 weeks from the date of production of the certified copy of the order.

Key takeaways

The competent authority shall communicate the decision on the representations to the petitioners forthwith.ratio¶¶13

Detailed headnote1 paragraphs

Writ petition (WRIT - A No. 8375 of 2024) by Deepak Kumar and 46 others, police personnel serving with the Dial-112/Dial-100 project, praying for a writ of mandamus to be sent back from the Dial-112 project to their parent department, Civil Police, on the ground that they had completed three years of service and that, in terms of the Police Department's own policy, such personnel may be shifted; their earlier representations had not been decided. Rajesh Singh Chauhan, J., without entering into the merits, permitted the petitioners to move separate fresh representations within ten days before opposite party no. 2, the Additional Director General of Police (Establishment), D.G.P. Headquarter, Lucknow, enclosing earlier representations and relevant documents, and directed the competent authority to dispose of the representations with a speaking and reasoned order, strictly in accordance with law, within six weeks of production of the certified copy of the order, and to communicate the decision forthwith. Writ petition finally disposed of (order dated 23.9.2024).

Neutral Citation No. - 2024:AHC-LKO:65921

Court No. - 4

Case :- WRIT - A No. - 8375 of 2024

Petitioner :- Deepak Kumar No. 062541943 And 46 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And 13 Others Counsel for Petitioner :- M.P. Raju Counsel for Respondent :- C.S.C.

Hon'ble Rajesh Singh Chauhan,J.

Heard Sri M.P. Raju, learned counsel for the petitioners and Sri R.P.S. Chauhan, learned Addl. C.S.C. for the opposite parties.

By means of this petition the petitioners have prayed following relief :

"To issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties to send back the petitioners from Dial-112 project to Civil Police for joining to their parent department i.e. Civil Police within a reasonable time as fixed by this Hon'ble Court."

Learned counsel for the petitioners has submitted that the precise ground to file this petition is that the petitioners have completed three years of service at Dial 100 / Dial 112, therefore, in terms of own policy of the Police Department such police personnel may be shifted to another place. The petitioners have preferred representation but no decision has been taken.

Learned counsel for the petitioners prays that the petitioners may be permitted to move a separate fresh representations before the opposite party no. 2 for redressal of their grievances.

Therefore, without entering into the merits of the issue, the petitioners are permitted to move separate fresh representations within ten days before the opposite party no. 2 i.e. Additional Director General of Police (Establishment), D.G.P. Headquarter, Lucknow taking all their pleas and grounds enclosing their earlier representations, if any, along with all relevant documents. If such a representation is moved the competent authority concerned is directed to dispose of the representations of the petitioners with speaking and reasoned order, strictly in accordance with law expeditiously, say within a period of 6 weeks from the date of production of the certified copy of this

order.

The competent authority shall communicate the decision on the representation to the petitioners forthwith.

Writ petition is finally disposed of.

Order Date :- 23.9.2024 Shravan

Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench