'Sorry State Of Affairs': Gujarat High Court Rebukes State Govt For Only Filling Half Of Police Dept Vacancies Despite Widespread Unemployment

On Thursday, the Gujarat High Court criticized the state government for attempting to fill only half of the vacancies in the police department, questioning the rationale behind the decision amid widespread unemployment.The division bench, comprising Chief Justice Sunita Agarwal and Justice Pranav Trivedi, expressed astonishment over the appointment of a DGP-rank officer as chairman of the police recruitment board on August 17, 2023, despite the board not being constituted at that time.Chief Justice Agarwal strongly rebuked the Home Department for its lackadaisical approach to filling vacant posts of constables and inspectors. She stated, “In Spite of sufficient time granted by this Court, there is no response on the part of the State Government to comply with the directions of the Apex Court in the judgement and order dated 11.03.2019 in the case of Manish Kumar VS. Union of India and Ors. in the matter of filling up the vacant post of constable, sub-inspector etc. in the Police Department of the State”The court had earlier rejected the home department's "sketchy" affidavit on the numbers put up for recruitment and rejected the govt's explanation.On Thursday, as the state govt sought more time to file an affidavit, Chief Justice Agarwal remarked, “In this age of unemployment when these posts are of constable and sub inspector, why would you undertake such a huge exercise of recruitment for half the number of post vacancies. I don't understand. The entire state machinery, and the public money would be utilised for one recruitment process. And then you are filling up half the number of vacancies and that too you are filling up after a long time and this is non compliance of the judgement of the Apex Court. If this is not accepted, we are issuing contempt notice.”Previously, the court had dismissed the home department's "sketchy" affidavit on recruitment numbers and rejected the government's explanation. On Thursday, as the state government requested more time to file an affidavit, Chief Justice Agarwal orally remarked, “In this age of unemployment when these posts are of constable and sub inspector, why would you undertake such a huge exercise of recruitment for half the number of post vacancies. I don't understand. The entire state machinery, and the public money would be utilised for one recruitment process. And then you are filling up half the number of vacancies and that too you are filling up after a long time and this is non compliance of the judgement of the Apex Court. If this is not accepted, we are issuing contempt notice.”The Court found this to be in violation of a Supreme Court order and threatened to issue a contempt notice.The Court noted, “out of 39,880 sanctioned posts of unarmed Police Constable, 26,145 are working whereas, the vacancies against the said post is 13,735, out of which, decision has been taken to fill up only 6600 posts i.e. almost 50% of the vacant posts. Similar is position for armed Police Constable, where vacancies are 6348 and the decision has been taken to fill up only 3302 posts. For Armed Police Constable (SRPF), the vacancies are 4200 whereas, decision is taken to fill up 1000 posts. For unarmed Police Sub Inspector, the vacant posts are 1606 and the decision has been taken to fill up only 1302 posts.”At the request of the government pleader, the High Court adjourned the matter until July 26, allowing time for the home secretary to submit an affidavit in strict compliance with the Supreme Court's directions. Failure to do so, the Court said will lead the Court to take an adverse view of the matter.Before concluding, the Court remarked, “It is not understandable as to why, in an exercise for recruitment, where there would be expenditure of huge amount of public money, when the number of vacancies to the post of Police Constable, Police Sub Inspector etc. are huge, what went behind the decision to fill up only 50% of the vacant posts, that too when the recruitment exercise has not been undertaken for more than one year as per own averments of the Respondents in the affidavits filed before us. The Court may also take judicial notice of the fact of large number of unemployed educated youth waiting for such recruitment exercise.”Criticising the authorities' approach in responding to the suo motu PIL filed by the apex court, the Court further recorded, we have taken strong exception to the manner in which this matter is being dealt with at the ends of the Home Department of the State, which is responsible for maintaining law and order situation in the State.”The vacancies in the Police Department, the Court said, directly affect the life of the general public, who are now left at the mercy of the officers of the Home Department, who are not ready to even listen to the concerns of this Court in the present Public Interest Litigation. “All these issues are reflection of a sorry state of affairs at the ends of the Home Department of the State,” the Court concluded.Case Title:...

'Sorry State Of Affairs': Gujarat High Court Rebukes State Govt For Only Filling Half Of Police Dept Vacancies Despite Widespread Unemployment

Bhavya Singh

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