CWP No. 9240 of 2011(O&M) [1] IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 20.09.2011 1) CWP No. 9240 of 2011(O&M) Head Constable Harjinder Kaur and others ...Petitioners Versus State of Punjab and others ..Respondents. 2) CWP No. 20000 of 2010 Head Constable Kiran Bala and others ..Petitioners Versus State of Punjab and another ..Respondents CORAM: HON'BLE MR. JUSTICE SURYA KANT 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present : Mr. R.S.Sharma, Advocate, for the petitioners. Ms. Sudeepti Sharma, Deputy Advocate General, Punjab for the respondents. **** SURYA KANT, J.(Oral) 1) Both these writ petitions involve common questions of law hence are being disposed of by a common order. For brevity, the facts are taken from Civil Writ Petition No. 9240 of 2011. 2) Petitioners seek quashing of order dated 18.11.2009 purported to have been issued by the respondents under Chapter 4(b) of the New Punjab Police Act, 2007 approving constitution of a common cadre of male and female police officials. The operative part of the aforesaid order reads as under:- CWP No. 9240 of 2011(O&M) [2] “ As per Chapter 4(b) of the New Punjab Police Act:- The officers in subordinates ranks of District Police, Armed Police, Intelligence and Technical and Support Services shall form four separate cadres. Seniority of each cadre shall be maintained at the State level. Transfer of a member from one cadre to another shall not be allowed. Hence, now there remains no separate cadre for Women Police Officials.” 3. The petitioners are the lady police officials serving in different ranks. They urged that separate Women Police Cadre constituted vide Notification dated 15.06.1990 (Annexure P-1) is not and cannot be effective and is inpurported exercise of powers under Section 7 of the Police Act, 1861. They also refer to Rule 1.1 of the Punjab Police Rules, 1934 ( in short 'the Rules') whereby a separate Women Cadre in the Police force has been constituted. 4. The Punjab Police Act, 2007 (in short 'the Act') is a legislative enactment meant for the establishment, regulation and management of the Police force and to re-define its role, duties and responsibilities. Section 4 of the Act lays down organization and composition of the Police Service which reads as follow:- “4. Organization and Composition of Police Service:- Subject to the provisions of this Act:- a) the Police Service shall consist of such numbers in various ranks and have such organizations or cadres, as the State Government may, by general or special order, determine, and shall include the members of the Indian Police Service, allocated or deputed to the State; b) the officers or subordinate ranks of district police, armed police, intelligence and technical and support services shall form separate cadres. Seniority of each cadre shall be maintained at the State level. Transfer of a member of one cadre to another cadre shall not be allowed. c) notwithstanding anything contained in sub- clause (b), a member of the Police Service may be allowed to be deputed on deputation from one cadre to another CWP No. 9240 of 2011(O&M) [3] cadre or organization or department, as per rules; d) the direct recruitment to various subordinate ranks in the Police Service shall be made through a State Level Police Recruitment Board or District Level Police Recruitment Board in a transparent manner; e) the mode of recruitment, pay, allowances and other service conditions of the members of the Police Service shall be such, as may be prescribed; f) the State Government shall provide for employment opportunities to women in the Police Service and may provide for separate physical standards for their recruitment; and g) the State Government may restructure the district police in order to provide the public with an officer- oriented civil interface of the police in such manner, as may be prescribed.” 5. Section 85 of the Act is in a way saving clause and it provides that the Punjab Police Rules, 1934 shall remain in force “unless those rules are specifically superseded”. 6. A separate Women Cadre in police force was constituted by the State Government vide Notification dated 15.06.1990 in purported exercise of its powers conferred by Section 7 of the Police Act, 1861 thereby amending Rule 1.1 of the Punjab Police Rules, 1934. The separate women cadre was thus constituted through subordinate legislation by amending Rule 1.1 of the Punjab Police Rules, 1934. 7. The impugned circular dated 18.11.2009 runs contrary to what was added to Rule 1.1 by way of Notification dated 15.06.1990. Ordinarily this Court would have proceeded on the assumption that the subsequent decision which is inconsistent or in conflict with the previous one, is meant to supersede the earlier decision, such a CWP No. 9240 of 2011(O&M) [4] presumptive inference cannot be drawn in this case, at this stage, for the reason that the circular dated 18.11.2009 nowhere indicates as to whether it has been issued with the express approval of the State Government or it is creation of the Police Department only ?. 8. The writ petition is accordingly disposed of with a direction to the Principal Secretary (Home), Government of Punjab to consider the petitioners' plea that the Government Notification dated 15.06.1990 still holds the fields. Suffice it to observe that it was for the State Government to take a conscious decision as to whether it intends to constitute a common cadre for male and female police officials in exercise of its powers under Section 4(b) of the Act, 2007 or does it intends to save a separate cadre already constituted under Rule 1.1 of the Rules. In case, the State Government approves the later decision, it shall obviously amount to protecting the existing provisions of the Rules under Section 85 of the Act,. An appropriate decision shall be taken by the State Government following the procedure as prescribed under the 'Rules of Business' within a period of three months from the date of receipt of a certified copy of this order. 9. Ordered accordingly. Dasti. 20.09.2011 (SURYA KANT) 'ravinder' JUDGE