- (1.) M. Katju, J. This writ petition has been filed against the impugned order of the U. P. State Public Service Tribunal dated 27-3-2002 Annexure 1 to the writ petition and for quashing the orders dated 13-4-2001 and 3-8- 2001 by which the petitioners have been promoted to the post of Head Constable in the armed police. The petitioners have also prayed for a mandamus directing the respondents to promote the petitioners as Head Constable in civil police.
(2.) THE petitioners were appointed as constable in civil police in 1993. It is alleged in paragraph 2 of the writ petition that although the petitioners were inducted in the civil police, the DIG Police Allahabad in exercise of powers under Regulations 525 of the Police Regulations had transferred the entire 1993 batch of constables recruited in Allahabad to the armed police in 1997. In paragraph 3 of the writ petition it is stated that the State Government constituted a special Task Force in Allahabad in 1998 and the petitioners were inducted in the Special Task Force. THE Special Task Force was created for the purposes of creating crime from Allahabad and to forcefully and effectively combat organized crimes conducted by various groups and individuals in Allahabad. It is alleged that the petitioners were inducted in the Special Task Force due to their exemplary courage, honesty and integrity and the Special Task Force basically carries out the work of civil police. Regulation 396 of the Police Regulations states that the police force consist of the following bodies: (i) Provincial Police, Civil, Armed and Mounted, Appointee and enrolled under Act V of 1861. (ii) Government Railway Police , Appointed in Agra under Act XVI of 1873 and in Oudh under Act XVIII of 1876. Not enrolled order Act V of 1801. (iii) Village Chaukidars, Regulation 65 of the Police Regulations lays down the functions of the Armed Police which is as follows: "the Armed Police are intended for the protection to treasuries, tehsils and lockups, for the escort of treasure, prisoners and Government property, for service on Magazine and quarter guards, for the suppression and prevention of disorder and crime of violence, and for the pursuit and apprehension of dangerous criminals. This Bench of the force is under the Special charge of Deputy Inspector Generals who are responsible that Superintendents maintains discipline and efficiency. " The functions of the civil police is purely prevention of crime. The petitioners who were appointed as constables in civil police had the job to prevent crimes. In this connection Regulation 61 states as follows: "constable of the civil police will not be armed except on special occasions. Their principal duty is the prevention of crime. They must be courteous and considerate to the public whose servants they are. Every constable on duty, except when deputed on special defective work requiring disguise, shall wear the prescribed uniforms. "
(3.) SINCE 1998 the petitioners were responsible for eliminating a large number of hardened criminals in police encounters and busting international arms trade in Allahabad and unearthing fake currency etc. Some of the achievements claimed by the petitioners are mentioned in paragraph 10 of the writ petition. The S. P. (Civil), Allahabad considering the outstanding performance as well as exemplary bravery and courage of the petitioners by risking their lives, sent letters dated 29-12-1998 to the SSP Allahabad for giving out of turn promotion to the petitioners to the next higher post. True copies of such letters are Annexures 2 and 3 to the writ petition. In these letters all the details of the work of the petitioners are given. The SSP Allahabad seconded the proposals made by the SP (City), Allahabad and forwarded the same to the DIG Allahabad Range vide letter dated 13-3-1999. The DIG Allahabad Range also recommended out of turn promotion of the petitioners and the matter was accordingly considered by a Committee constituted for this purpose. The petitioners were given out of turn promotion by order dated 13-4-2000 of the Director General of Police, U. P. and they were posted as head constables in the armed police and not in the civil police. True copy of the order dated 13-4-2001 is Annexure 4 to the writ petition.;