# KUMOD KUMAR &ANOTHER v. STATE OF JHARKHAND & OTHERS - **Citation:** [2014] 13 S.C.R. 34 - **Court:** Supreme Court of India - **Decided:** 2014-12-18 - **Case number:** Civil Appeal Nos. 5874-5875 of 2009 - **Bench:** JAGDISH SINGH KHEttAR, Arlin Mishra - **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/kumod-kumar-another-v-state-of-jharkhand-others-29588 - **Pages:** 38 ## Headnote 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 Subinspectors 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 SubG 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 Subinspectors (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 Subin s pectors. The above is an in-house process of selection. After Steno Sub-Inspect ## Text _Characters 0–39,874 of 70,497. This is a partial read: ask again with offset=39874 for what follows._ 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 Subinspectors 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 SubG 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 Subinspectors (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 Subin 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 undergo the police training postulated for Sub-Inspectors/Assistant SubE Inspectors of the general line on their induction into the Police Department. The service of 5 years rendered by them, therefore, does not by itself constitute sufficient satisfactory training for induction into the general line of the police force. The comparative analysis of selection F and appointment of Sub-Inspectors/Assistant SubInspectors of Police in general line and that of Steno SubInspectors/Steno Assistant Sub-Inspectors leaves no manner of doubt that those inducted into the genera,! line of the police force constitute a separate and distinct G cadre as against those recruited as Steno SubInspectors/Steno Assistant Sub-Inspectors in the "Miscellaneous Force" of the Police Department. [Para 12][52-H; 53-A·H; 54-A·C] H 2. As a general proposition, in the absence of any KUMOD KUMAR v. STATE OF JHARKHAND 37 express provision, there can be no dispute whatsoever, A that consequent upon appointment by way of transfer, a transferred employee who acquires the right to h91d an equivalent post in the exigency of service or in pubic interest, is entitled for the determination of his seniority, to count the period of service rendered by him against B the erstwhile post, along with the period of service rendered by him in the post to which he has been transferred. The situation herein is however different. The appointment of the appellants (on reversion) is neither in public interest nor in exigency of service. The C appellants' appointment (on reversion) to the general line is for their own benefit on account of lack of promotional avenues. An employee who accepts to participate in the process of selection to determine his suitability cannot 0 be allowed to contend that his appointment (on reversion) to the general line, was on account of the employer's will. Having participated in the process of selection, the appellants will be deemed to have sought and opted for their appointment (on reversion) to the E general line of the police force. It is only on the determination of the incumbent's suitability, through selection process that an individual from the Stenographers' cadre will gain entry into the general line of Sub-Inspectors/Assistant Sub-Inspectors of Police. F Such appointment is neither in public interest nor in the exigency of service. Further, the appointment in the instant case cannot be equated with an appointment by way of transfer as generally understood. [Para 19] [63-F-H; 64-A-F] G 3. General principles of service law jurisprudence are applicable only in situations wherein there are no express rules governing the determination of seniority. As in the present case, the appellants were originally H 38 SUPREME COURT REPORTS [2014] 13 S.C.R. A inducted into the Police Department to the cadre of Steno Sub-Inspectors/Steno Assistant Sub-Inspectors and th~reafter, were appointed on reversion to the cadre of Sub-Inspectors/Assistant Sub-Inspectors of Police in the general line of the Police Department. Herein, the B appointment contemplated is from a different post with different duties and responsibilities to another separate and distinct post with wholly different duties and responsibilities. This appointment contemplates shifting from one cadre to a different cadre. This appointment is C preceded by a process of selection to be conducted by the Central Selection Board. Herein, in the absence of statutory rules and/or express executive instructions, the transferee would not be entitled to count the period of service rendered by him in the former post on the basis D of the general principle. [Para 20][64-G-H; 65-F-H; E F G 66-A-B] K.C.Arora v. StateofHaryana (1984) 3 SCC 281 : 1984(3) SCR 623; T. K. Kapurv. StateofHaryana 1986 (Supp) sec 584 : 1987 SCR 584 - distinguished. Direct Recruit, Class II Engineering Association v. State of Maharashtra AIR 1990 SC 1607; K. P. Sudhakaran v. State of Kera/a (2006) 5 SCC 386 : 2006 (2) Suppl. SCR 291 - referred to. Case Law Reference: referred to Para 22 AIR 1990 SC 1607 1984 (3) SCR 623 distinguished Para 26 1987 SCR 584 referred to 2006 (2) Suppl. SCR 291 referred to Para 26 Para 26 CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. H 587 4-5875 of 2009. KUMOD KUMAR v. STATE OF JHARKHAND 39 From the Judgment and Order dated 13-09-2007 and A 23-01-2008 of the High Court of Jharkhand at Ranchi in W.P. (S) No. 4272 of 2006 and Civil Review No. 80 of 2007 respectively. Dr. Rajeev Dhawan, Sr. Adv., S.C. Sharma, Lakshmi B Raman Singh for the Appellants. Manish.Kumar (For Gopal Singh), Jayesh Gaurav (For Krishnanand Pandeya),Anil K. Chopra, S. Chandra Shekhar for the Respondents. The Judgment of the Court was delivered by JAGDISH SINGH KHEHAR, J. 1. Consequent upon their selection, the appellants were inducted into the Police Department of the State of Bihar, by way of direct recruitment, D as Steno Sub-Inspectors of Police. Appellant no. 1 - Kumod · Kumar was appointed as such on 10.4.1982. He joined his duties on 13.4.1982. Appellant no. 2 - Ramesh Kumar was appointed on 11.9.1985, and he joined as such on 16.9.1985. 2. On 26.8.1989 and 11.6.1991, the appellants were E taken (on reversion) to the general line of the Police Department as Sub-Inspectors of Police. In this behalf it would be pertinent to mention, that induction into the general line of the Police Department from Steno Sub-Inspectors is F permissible, subject to the satisfaction of the eligibility criteria, as also, consequent upon the selection and recommendation by the Central Selection Board. 3. The seniority of the appellants in the general line of Sub-Inspectors of· Police, was determined by the Police G Department, with effect from the date of their appointment to the general line of Sub-Inspectors of Police (on reversion). This determination is not acceptable to the appellants. They claim seniority in the general line of Sub-Inspectors of.Police (on H 40 SUPREME COURT REPORTS [2014] 13S.C.R. A reversion) with effect from the date of their initial appointment into the Police Department, as Steno Sub-Inspectors of Police. Therefore, whilst the appellants claim seniority in the general line of Sub-Inspectors of Police with effect from the dates of their appointment into the police service, i.e., with effect from B 10.4.1982/11.9.1985, the authorities have chosen to determine their seniority with effect from the dates of their appointment to the general line of Sub-Inspectors of Police, i.e., with effect from 26.8.1989/11.6.1991. C 4. A challenge raised at the behest of the petitioners (including the present appellants) in Writ Petition (S) no. 4272 of 2006 before the High Court of Jharkhand at Ranchi (hereinafter referred to as, the High Court), seeking seniority in the general line, with effect from the date of their appointment D into the police service, was dismissed by a Division Bench of the High Court, on 13.9.2007. The petitioners (including the present appellants) sought a review of the order dated 13.9.2007, by filing Civil Review no. 80 of 2007. The review petition was dismissed on 23.1.2008. The orders dated E 13.9.2007 and 23.1.2008 were.assailed by the appellants by filing special leave petitions. Leave was granted on 28.8.2009, giving rise to the present civil appeals. 5. The first issue that arises for consideration in the F determination of the controversy is, whether the posts of SubInspector of Police in the general line of the Police Department, as also, the posts of Steno Sub-Inspector of Police belong to a common cadre. An answer to the aforesaid query, would make a substantial headway, to the determination of the issue G in hand. It is, therefore, that we shall vEmture to determine the instant aspect of the matter first, before delving into the niceties arising out of the present controversy. 6. The Bihar Police Manual, 1978, (hereinafter referred H KUMOD KUMAR v. STATE OF JHARKHAND 41 [JAGDISH SINGH KHEHAR, J.] to as, the Police Manual) was issued by the State Govern merit A under Sections 7 and 12 of the Police Act V, 1861. There is no dispute among the rival parties, that the provisions contained in the same regulate inter alia, the conditions of service of personnel of the Police Department. and are binding on all police personnel. We shall, therefore, first advert to the B provisions contained in the Police Manual, and venture to answer the query, relating to the issue of cadre. 7. Chapter 1Aofthe Police Manual, Volume I, delineates the duties and responsibilities of different units, category-wise, c in respect of the entire police work-force. In Chapter 1A aforementioned, a reference has been made to the "Bihar Fire Brigade Service" under Bihar Fire Service Act, 1948, which is to function under the directions of the Inspector-General of Police, through the Chief Fire Officer. The chapter also makes D a referenee to separate "Finger Print and Handwriting Centres", for examination of finger prints and handwritings. These centres carry out their activities under Directors, but in consonance with and under the control of a Deputy InspectorGeneral of Police, from the Criminal Investigation Department. E The chapter also makes a reference to the constitution of a "Dog Squad", which is placed under the charge of a police officer of the rank of Deputy Superintendent of Police, who is to work under. the directions of an Inspector-General and a Deputy Inspector-General, of the Criminal Investigation F Department. The chapter also provides for a separate "Central Workshop of Police Transport". Personnel of the above workshop, have the responsibility of looking after the vehicles of the Police Department. The workshop is under the control G of an Assistant Inspector-General, who is to function under the directions of an Inspector-General. A separate section of officers/officials is assigned the responsibility of "Police Communications". These officers/officials work in wireless centres, spread over the entire State. Each wireless centre is H 42 SUPREME COURT REPORTS [2014) 13 S.C.R. A under the control of a police officer of the rank of Superintendent of Police. There is also a "Statistical Section" in the Police Department. This section collects and records facts and figures concerning police functioning, in the entire State. The Statistical Section assists the office of Inspectors General in preparing various statistics. There is also a "Police Photo Section", which functions under the Criminal Investigation Department. Besides the above, there is a "Forensic Science Laboratory" functioning under the charge of Inspector-General of Police. There is also a separate C "Clothing Stare" at the central level of the Police Department, which works under the charge of a Deputy Superintendent or an Inspector (reserve). The Clothing Store functions under the overall control of an Inspector-General. Chapter 1A, describes D the police personnel aforesaid, performing distinct duties and responsibilities, as separate units, separate centres, and separate cadres. In sum and substance, none of the units, centres and cadres referred to above, are considered to be components of the general line of the police force. E 8. Insofar as the present controversy is concerned, clause (9) of Rule 7 A, under Chapter 1A, is of material significance, and is accordingly being extracted hereunder:- "(9) Miscellaneous Force.-(a) For accounts, F correspondence and crime record, there are Accountants, Head Clerks, Upper Division Clerks and Lower Division Clerks, etc. who are attached with the office of Inspector-General, Deputy Inspector-General and Superintendent but they are not the members of the G Police force. H (b) There are Stenogtaphers of the ranks of Sub-Inspector and Assistant Sub-Inspector who are posted in the Confidential Section of the Offices of Inspector-General, KUMOD KUMAR v. STATE OF JHARKHAND 43 [JAGDISH SINGH KHEHAR, J.] Deputy Inspector General, Superintendent, Assistant and A Deputy Superintendent, etc." A collective perusal of sub-clauses (a) and (b ), of clause 9, of Rule 7 A, leaves no room for any doubt, that just like the other units, centres and cadres referred to in the foregoing B paragraph, the cadre of Steno Sub-Inspectors/Steno Assistant Sub-Inspectors is a cadre separate and distinct from the general line of police personnel of the Police Department. Steno Sub-Inspectors and Steno Assistant Sub-Inspectors are a part of the "Miscellaneous Force". The above determination c is further affirmed from clause 3( e )(i) of Rule 7 A, which is also being extracted hereunder:- "7 A. For the performance of duties and discharge of liabilities at different levels and in different units the D categorywise set up of Police force is as follows:- 3. District Level- ( e )(i) A circle is divided into Police-Stations. A sub- .Inspector holds the charge of each Police-Station. For E assistance to Sub-Inspector, Junior Sub-Inspectors, Assistant Sub-Inspectors, Havildars and Constables are appointed." A perusal of clause 3( e )(i) reveals that the nature of duties F of Sub-Inspectors of Police belonging to the general line of the police force, are substantially distinct and at variance insofar as, duties and responsibilities of the personnel belonging to the "Miscellaneous Force" are concerned. 9. On the cadre issue, reference may also be made to G Chapter 2 of the Police Manual, Volume I. The same delineates the duties of the police officers of all ranks. The duties and responsibilities described therein, have a reference to only police personnel belonging to the general line of the police H 44 SUPREME COURT REPORTS [2014] 13 S.C.R. . A force. There is no reference to duties discharged by numerous other personnel of the Police Department comprising of the units, centres and cadres referred to above. There is, therefore, a clear indication even from Chapter 2, that the cadre of SubInspectors of Police in the general line, is separate and distinct B from the other cadres, centres and units referred to above (including Steno Sub-Inspectors/Steno Assistant Sublnspeetors). 10. Chapter 20 of the Police Manual, Volume I, deals C with appointments and enrolments of police officers. Rules 653 to 656 contained therein, deal with the issue of appointment of Sub-Inspectors in the general line of the Police Department. Under Rule 653, the above process of appointment has to be initiated by determining the vacancies D in each district of the Criminal Investigation/Intelligence Departments, which would further lead to an assessment of the number of vacancies to be filled up by way of direct recruitment and by promotion. Rules 653 to 656 E F G H aforementioned, are being extracted hereunder: "653. Sub-lnspectors.-(a) In July, the Inspector-General will intimate to each Deputy Inspector-General the number of vacancies allotted to each district and the Criminal Investigation/Intelligence Departments and the number to be filled by direct recruitment and by promotion of Assistant Sub-Inspector [Rule 659(a)]. He will also . indicate what limitations, if any, are to be observed as to the appointment of any particular sections of the community. (b) In accordance with rule 659(a) vacancies up to 50 per cent may be filled by selection from the rank of Assistant Sub-Inspector. The remainder shall be filled in the manner laid down in the following rules. KUMOD KUMAR v. STATE OF JHARKHAND 45 [JAGDISH SINGH KHEHAR, J.] (c) A requisition shall be sent to Bihar Public Service A Commission in the prescribed form in which the informations about the number of vacant posts, etc. shall be given. The job of holding examination for recruitment to Class Ill technical and .non-technicalexecutive and supervisory posts (including Sub-Inspector) has been B given to Bihar Public Service Commission as per article 320(1) of the Indian Constitution. 654. Manner of selection -(a) Notices in the form given· in the Appendix 38 or any other form prescribed by Bihar c Public Service Commission will be printed and supplied by them for wide circulation and will also be published in the Bihar Gazette and selected newspapers. Candidates will be required to comply with the directions given in the notice. The help and interest of heads of schools and D colleges shall be freely sought.. (b) All applications shall be received by Bihar Public Service Commission which shall be entered in the candidates' register in their prescribed form. (c) All candidates who are prima facie eligible for appointment shall be required to appear for measurements and physical tests given in Appendix 38 E at districUrange headquarters before SuperintendenU F Range Deputy Inspector-General or before any special committee specially set up for this purpose. The list of candidates who satisfy these tests shall be furnished to the Public Service Commission who shall then arrange · to hold a written competitive examination as in sub rule G (e). (d) Against the names of those who are prima facie ineligible, who are below standard measurement or who fail in the physical tests the word "rejected" with reasons H 46 SUPREME COURT REPORTS [2014] 13 S.C.R. A will be written clearly in the candidates' register and the candidate shall be informed accordingly. B c D E F G H {e) The written portion of the test referred to in (c) shall be of 100 marks each in following subjects:- General knowledge (including General Science and Current Affairs) and General Hindi as compulsory subjects and two optional subjects to be selected from the list given in Appendix 38. 655. Interview - The Public Service Commission may decide to select persons for interview above a certain percentage of marks depending on the number of vacancies available and usually three times the number of vacancies maybe called. A Deputy Inspector-General nominated by the Inspector-General shall be included as an expert. 656. Selections - (a) The Public Service Commission shall select the best men for appointment for the post of (i) Reserve Sub-Inspector of armed police, and (ii) SubInspector of unarmed police separately depending on the number of vacancies available. While doing this, it is to be noted that for serial (i), the standard of physical tests is higher as given in Appendix 38. Moreover candidates possessing certificates of National Cadet Corps and efficient in sports may be preferred for this post. For serial (ii), preference may be given to those possessing Diploma or degree in criminology. The Commission will bear in mind the desirability of maintaining also approximately the correct percentage of scheduled castes and tribes as given in Appendix 40. (b) The Deputy Inspector-General (Administration) will KUMOD KUMAR v. STATE OF JHARKHAND 47 [JAGDISH SINGH KHEHAR, J.] ensure that verification Rolls in P.M. Form no. 101 are A issued in respect of those for whom appointment letters are going to be issued. For this purpose, Superintendents may be directed to get in touch with the authorities concerned for getting it expedited. Thereafter, the candidates shall be referred for medical test before B the Civil Surgeon or Deputy Superintendent of Sadar Sub-divisional Hospital of the place where the candidate resides (see Rule 672). On being declared fit in P.M. Form no. 103 the Deputy lnspector-Generalwill issue appointment letters to the selected candidates on advice C of the Commission and will direct them to report to the Principal, Police Training College, on the date fixed generally in January. A detailed list of the candidates appointed will at the same time be sent to the Principal, D Police Training College, together' with their application forms verification· rolls, medical and other certificates. These papers will form a part of the candidates' appointment papers and will be sent to the Superintendents of the districts to which they are E subsequently posted [for period of probatio11 (see Rule 668)]." The process of selection of Sub-Inspectors of Police in the general line of the police force, is to be conducted by the Bihar Public Service Commission (hereinafter referred to as, F 'the Public Service Commission'). It is the Public Service Commission, which advertises the vacancies to be filled up, it is the Public Service Commission which receives applications, and it is the Public Service Commission which determines G the eligibility of candidates on the basis of standard measurements and physical tests. Therefore, it is the Public Service Commission which conducts the written test, and finally, holds interviews. The aforesaid process has been expressed in Rule 654 of the Police Manual, Volume I. Rule 656 of the H 48 SUPREME COURT REPORTS [2014] 13 S.C.R. A Police Manual, Volume I, denotes the process of selection for direct recruitment. Rule 659 pertains to the process of promotion of Assistant Sub-Inspectors to the rank of SubInspector of Police, in the general line of the police force. It is necessary to emphasize, that the instant process does not B apply to appointments to the cadre of Steno Sub-Inspectors/ Steno Assistant Sub-Inspectors. 11. The Bihar Police Manual, 1978, Volume Ill (hereinafter referred to as, the Police Manual, Volume Ill) contains 102 c appendices. Appendix 42 thereof has the following heading, "Rules for the recruitment, training, examination and posting of Steno Sub-Inspector, Steno Assistant Sub-Inspector and Typist Assistant Sub-Inspector of Police". A perusal of appendix 42 reveals, that the process of appointment of Steno SubD Inspectors/Steno Assistant Sub-Inspectors is to be initiated by the Inspector-General. As a first step, the Inspector General is to work out the number of vacancies in the ranks of Steno . Sub-Inspectors and Steno Assistant Sub-Inspectors. On determining the number of vacancies to be filled up, he would E decide the number of vacancies to be filled up by way of direct recruitment, and by promotion from the rank of Steno Assistant Sub-Inspector. Paragraphs 1 to 5, 11, 14 and 15 of appendix 42 are relevant for the present controversy and are accordingly F extracted hereunder: "1. In order to provide stenographers for all but the lightest districts and forthe railways and the offices of the Deputy Inspector-General of Police, the corps of trained steno, sub-inspectors and assistant sub-inspectors should be G not less than 188 and 69 respectively. H 2. Every year in the month of July, the Inspector-General shall work out the number of vacancies in the ranks of steno sub~inspectors and steno assistant sub-inspectors. KUMOD KUMAR v. STATE OF JHARKHAND 49 [JAGDISH SINGH KHEHAR, J.] · On the basis of these vacancies, he shall decide to make A direct recruitment by the procedure given hereinafter keeping in view the reservations for scheduled caste/ tribe. He will also decide as to what quota should be fixed for promotion from the rank of steno assistant subinspector to steno sub-inspector. B 3. Advertisement shall be made through Employment Exchange calling for application in P.M. Form no. 131 in Hindi (Devanagri script) (a) from persons trained in stenography, and (b) from persons not trained in it but c having aptitude for it. Persons in category (b) should have good knowledge of Hindi and if possible of English who can be enlisted in the cadre of writer constables and then sent for further training in stenography either free of cost in Police Training College or on payment in D C.M.S. Commercial Institute, Bhagalpur or any other institute preferably of Government undertaking. A sum of Rs. 8 shall be deposited by candidates under head "055-Police-Other receipts" in Treasury Chalan, a copy of which should be _attached with their application. E Candidates belonging to S.C./S.T. as also candidates from Police Department are exempted from payment of this fee. (c) Those who are already in Police Department may F also be eligible to apply if they are in category (a) without any age-limit. For category (b ), they should be preferably within the age-limits vide clause 5 but officers and men of S.C./S.T. may apply up to the age of 34 years. Such candidates can apply in plain paper. G 4. The test of minimum speed for five minutes only for various ranks are given below:- H 50 A B c I I ! i D ! : E F G H SUPREME COURT REPORTS [2014] 13 S.C.R. i Words oer minute. SI. No. Post I Hindi I En~ lish 1 2 3 4 5 ---------·- Typing I Dictation Typfni:J -Dictation Steno sub-1 100 35 : 120 40 I inspector, I Class I I }-- - - ---·-- ~+---· - . - --- --- --·- --40 - Steno sub- : 80 30 I 100 inspectors I (Class II . I I pas~~Ql_ -~-- __ I 251-- --- Steno sub1 70 35 inspector i (Class II ~ unpassedl I ! Steno 50 20 I 60 30 assistant sub-1 I insoector I Typist I ... 30 I ... 40 assistant sub-: inspector I I 10 per cent mistakes in each subject should be condoned. 5. The standard of educational qualifications, measurements, age and physical tests shall be the same in case of steno sub-inspector as is for sub-inspector (unarmed), vide rule 658 and for steno or typist assistant sub-inspectors, those of constables, vide rule 663. In suitable cases relaxation in height and chest may be done by Dy. l.G., Adm in. up to 1" and by the Inspector-General up to 2". In case of scheduled caste/tribe, further relaxation may be done by 1". All candidates shall be allowed to appear in test of shorthand dictation/typing and after that they may be required to appear in physical tests meant for respective ranks. However, suitable candidates may be exempted from these tests. The KUMOD KUMAR v. STATE OF JHARKHAND 51 [JAGDISH SINGH KHEHAR, J.] candidates shall be appointed by the Central Selection A Board [Appendix 72(2)]. They will serve as stenographers for a period of 5 years, after which they will ordinarily revert to district work but before that they shall undergo the usual course of training at the Police Training College for ordinary Police duties. The B Inspector-General shall be at liberty to retain them as stenographers for a longer period where necessary. xxx xxx xxx 11. Steno sub-inspectors and assistant sub-inspectors C will be allotted to the ranges by the Inspector-General. The Deputy Inspector-General will then distribute them among districts within their ranges as may be rlecessary. xxx xxx xxx D 14. The primary object to be aimed at is the provision of a body of trained stenographers capable of reporting verbatim a speech delivered in Hindi, for which a speed varying from 120 to 160 words in a minute-is necessary. E P