- (1.) The petitioners in this W.P. under Article 226 dated February 1, 2012 are questioning a resolution of the Government of West Bengal, Home (Police) Department dated January 10, 2012 (at p.100). They are aggrieved especially by the withdrawal of the recognition granted to the "police associations." The relevant part of the resolution is quoted below: "To ensure welfare of Police Personnel, the setting up of Police Welfare Boards has been under active consideration of the Government. It has been decided to constitute Police Welfare Boards for the West Bengal Police and the Kolkata Police. The Joint Consultative Committees for Police at different levels enunciated vide Resolution No. 5543-PL dated 02.07.1979 will be substituted with the constitution of the Police Welfare Board with immediate effect. The recognition, since accorded in favour of the Police associations, shall, henceforth, be treated as withdrawn." Mr. Bandopadhyay appearing for the State has questioned the maintainability of the W.P. His contention is that since the withdrawal of the recognition is a service matter within the meaning of the definition of the expression "service matters" in Section 3(q) of the Administrative Tribunals Act, 1985, in view of the provisions of Section 15 of the Act, questioning the resolution of the State Government withdrawing recognition of the police associations, the petitioners, if at all, could move only the State Administrative Tribunal.
(2.) He has relied on the provisions of the Police Forces (Restriction of Rights) Act, 1966; the Police Forces (Restriction of Rights) Rules, 1966; the West Bengal Government Servants' Conduct Rules, 1959; the decisions in Union of India & Ors. v. Deep Chand Pandey & Anr., (1992) 4 SCC 432: (AIR 1993 SC 382). ; Nighat Parveen (Ms.) v. Union of India & Ors., 1996 (2) SLR 769 : (1995 Lab IC 2781) (Del) ; Pranay Kumar Soni v. The Chairman, U.P.S.C. & Anr., 2003(69) DRJ 278 ; and two unreported decisions.
(3.) Mr. Bhattacharyya appearing for the petitioners has submitted that withdrawal of recognition of the police associations cannot be a service matter of the members of the associations. He has relied on a Full Bench decision of the Central Administrative Tribunal dated June 17, 1992 in O.A. No. 1123 of 1989 (The Indian National NGO's Association of Army Electronic Inspection & Ors. v. The Secretary, Ministry of Defence, New Delhi & Ors.).;