KUMOD KUMAR &ANOTHER versus STATE OF JHARKHAND & OTHERS

Citation: [2014] 13 S.C.R. 34 · Decided: 18-12-2014 · Supreme Court of India · Bench: J.S. KHEHAR · Disposal: Dismissed

Judgment (excerpt)

A 
B 
[2014] 13 S.C.R. 34 
KUMOD KUMAR &ANOTHER 
V. 
STATE OF JHARKHAND & OTHERS 
(Civil Appeal Nos. 5874-5875 of 2009) 
DECEMBER 18, 2014 
[JAGDISH SINGH KHEttAR AND ARLIN MISHRA, JJ.] 
Service law: 
Cadre - Steno Sub-Inspectors/Steno Assistant Sub-
. C Inspectors - Post of Steno Sub-Inspectors/Steno Assistant 
Sub-Inspectors of Police· form a cadre separate and distinct 
from the general line of police personnel in the Police 
Department- The duties which Steno Sub-Inspectors/Steno 
0 Assistant Sub-Inspectors discharge are totally dissimilar from 
the responsibilities assigned to Sub-Inspectors/Assistant 
Sub-Inspectors in the general fine of the police force - While 
the former are assigned only stenography work, the latter 
perform traditional police duties. 
E 
Seniority- Police Department- Steno Sub-inspectors 
of Police- Induction of appellants-Steno Sub-inspectors (on 
reversion) to the general fine of the Police Department -
Claim of seniority by appellants in the general line of Sub-
inspectors of Police (on reversion) with effect from the date 
F of their initial appointment into Police Department as Steno 
Sub-inspectors of Police - Held: Appellants were originally 
inducted into the Police Department to the cadre of Steno 
Sub-Inspectors/Steno Assistant Sub-Inspectors and 
thereafter, were appointed on reversion to the cadre of Sub-
G Inspectors/Assistant Sub-Inspectors of Police in the general 
line of the Police Department -
This appointment 
contemplated shifting from one cadre to a different cadre with 
different duties and responsibilities - In the absence of 
H statutory rules and/or express executive in::itructions, 
34 
KUMOD KUMAR v. STATE OF JHARKHAND 
~5 
appellants would not be entitled to count the period of service . A 
rendered by them in the former post on the basis of the general 
principle - Bihar Police Manual, 1978 - Volume 1, Chapter 
1A, r.7A, clauses 3(e)(l), 9; clause 9(a), (b); Chapter 2, 
Chapter 20 rr.653 to 656; Volume Ill Appendix 42. 
B 
· Seniority - Appointment of appellants-Steno Sub-
inspectors (on reversion) to the general line of the Police · 
Department- Claim of seniority by appellants in the general 
line of Sub-inspectors of Police with effect from the date of 
their initial appointment as Steno Sub-inspectors of Police, C 
on the basis of Departmental Instructions dated 26. 8. 1997 -
Held: Appointment of appellants-Steno Sub-inspectors (on 
reversion) to the general line was for their own benefit on 
account of lack of promotional avenues and was neither in 
public interest nor in exigency of service - Therefore, they D 
cannot claim benefit of departmental instructions dated 
26.8.1997. 
Dismissing the appeals, the Court 
HELD: 1. A perusal of the different provisions from 
E 
the Police Manual reveals, that the Police Department is 
comprised of personnel belonging to distinct and 
separate units, centres and cadres. These separate 
. entities in the Police Department are described differently F 
as "Fire Brigade Services", "Finger Print and 
Handwriting Centres", "Dog Squad", "Central Workshop 
of Police Transport", "Police Communication", 
"Statistical Section", "Police Photo Section", "Forensic 
Science Laboratory", "Clothing Store", "Miscellaneous G 
Force", "Missing Persons Bureau", "Juvenile Aid 
Bureau" etc. These referred units, centres and cadres 
do not perform "police duties". Only police personnel 
belonging to the general line of the police force, perform 
H 
36 
SUPREME COURT REPORTS 
[2014] 13 S.C.R. 
A police duties. Insofar as the process of recruitment is 
concerned, the responsibility of selection and 
appointment to the ranks of Sub-Inspector of Police and 
Assistant Sub-Inspector of Police belonging to the 
general line, is vested with the Public Service 
B Commission. For recruitment to the general line, the 
prescribed physical standards are not relaxable. The 
recruitment of Steno Sub-Inspectors/Steno Assistant 
Sub-Inspectors is niade through a Central Selection 
Board (and not by the Public Service Commission). The 
C physical standards prescribed are relaxable for those 
inducted as Steno Sub-Inspectors/Steno Assistant Sub-
in s pectors. The above is an in-house process of 
selection. After Steno Sub-Inspectors/Steno Assistant 
0 Sub-Inspectors have rendered 5 years' service, they 
become eligible for appointment (on reversion) to the 
general line of the Police Department. It is imperative for 
those appointed (on reversion) to underg

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