Nov - High Court of Judicature at Allahabad

3 All] Rishi Pal Singh V. State of U.P. and others 1013
officers of the police force on political
considerations. The Commission so
appointed submitted various reports in
phases and the ultimate recommendation
was to the effect that the police force be
granted professional independence to
enable it to work impartially as an agent
of law so that the rule of law does not
become a causality and the offenders are
brought to book without any outside
pressure or influence. It was with this
object; to frame a new Act for the police
force as recommended by the National
Police Commission; and to constitute
various boards for the purposes of
ensuring that the police performs their
duties and functions free from any
pressure with the aim to serve the law of
the land and the people that guidelines
were issued by the Supreme Court in the
case of Prakash Singh (supra) till
appropriate legislation in terms of the
guidelines so issued is framed. One of the
guidelines so issued provided for the
creation of the Police Establishment
Board in each State comprising of
Director General of Police and four other
senior officers of the department to decide
about the transfer, promotion and posting
and other service related matters police
officers up to a particular rank. Thus, in
pith and substance the idea behind the
creation of Police Establishment Board is
to avoid frequent and indiscriminate
transfers of the police officers at the
behest of the Government. The guidelines
issued by the Apex Court though
mandatory but cannot be interpreted like a
statute and in case the guidelines are
principally followed and implemented in
the true tenor as per the ratio decendi of
the Prakash Singh case (supra) there
would be no error in the constitution of
the Board.
10. In view of the object behind
issuing the guidelines in the case of
Prakash Singh (supra) it is obvious that
the purpose is to streamline the police
administration and to make the police
force more efficient, free from all outside
pressure, particularly from the
Government side. Thus, the constitution
of the Board which includes senior
officers of the Police Department having
specialised knowledge of the police
administration is sufficient compliance of
the guidelines so issued by the Apex
Court. The non-inclusion of the Director
General of Police as its Chairman by itself
would not make the constitution of the
Board illegal as it is otherwise able to
serve the purpose for which it has been
established.
11. Reliance has been placed upon a
decision of a learned Single Judge of the
Lucknow Bench of this Court in Civil
Misc. Writ Petition No.1525 of 2009
Sunder Singh Solanki Vs. State of U.P.
and others decided on 4.9.2009 to the
effect that the State or its instrumentality
have not no right to avoid the directions
issued by the Hon'ble Supreme Court.
12. The aforesaid decision, in no
way helps the petitioner, inasmuch as the
guidelines/directions so issued by the
Apex Court have not been flouted and
rather have been carried out in its true
character and nature.
13. The Secretary, Government of
Uttar Pradesh vide letter dated 12.8.2009
has further provided that the decisions
taken by the Board so established are
ultimately to be further approved by the
Director General of Police before passing
of any order by the superior
officer/authority concerned. This is to put