RAGHUNATH PRASAD SINGH Vs. SECRETARY HOME POLICE DEPARTMENT GOVERNMENT OF BIHAR

JUDGEMENT

(1.) This appeal by special leave is directed against the decision of a Division Bench of the Patna High Court rejecting the writ petition of the appellant who had claimed for being absorbed in the regular Police Force on the basis of exercise of option.

(2.) It is not disputed that until 6th of May, 1970, there was a combined police force in the State of Bihar raised under the Police Act of 1861 which included regular police personnel and those serving in the Signal (Wireless) Branch. On 6th of May, 1970, the wireless wing was separated. Admittedly, the appellant was recruited as a constable in the wireless wing after May, 1970. A Division Bench of the Patna High Court in C.W.J.C. No. 21 of 1968, disposed of on 9th May, 1969, while dealing with the case of literate constables recruited into the Bihar Police Signals directed :-

(3.) We have read the judgment of the High Court with reference to the documents placed and heard learned counsel for parties. There is no doubt that the High Court was right in finding against the appellant that the option in terms of the instructions dated 1st of Oct. 1974 was available to those who came within the ambit of the earlier judgment. Thus the appellant being a recruit of 1972-73, not in the combined cadre but in the wireless organisation, was not entitled to the benefit of option. His appeal is, therefore, liable to be dismissed.