LAWS(PAT)-2003-11-19

BIHAR VYAVSAYIK SANGHARSHA MORCHA Vs. STATE OF BIHAR

Decided On November 21, 2003
Bihar Vyavsayik Sangharsha Morcha Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THE issues raised in the writ petition are otherwise wide, basically about the deteriorating law and order situation in Bihar. No one has come forward to take up the brief on behalf of the Government that after efforts were made all is hunky dory. As far as Bihar is concerned, regarding the law and order situation, there is no peace and tranquility in the State, from north to south and east to west. If peace is to return in the State, a dedicated effort has to be made. The subject, law and order, is the portfolio of the Home Department and the Police Department.

(2.) A disease which apparently has struck the police department is long term postings of personnel who have managed their postings like tethered to a peg. An officer has remained posted and circles around the peg so that he does not move very far. This leash has to be cut. Otherwise, it gives an impression that these are the result of the fear and favour.

(3.) IN the counter affidavit which has been filed as a fourth supplementary counter affidavit it is accepted that certain ranks have to see movement on postings in two years or three years. This matter is left to the administration. Suffice it to say that if total movement of officers is to be made to affect those who have been posted at a place for more than three years, this has to be done now, and within fifteen days.