CUTTACK: In a major ruling, the Orissa High Court has quashed the police circular issued on May 21, 2022, conferring power of investigation on Constables and Havildars saying “it is unsustainable in law”.Hearing a batch of petitions filed by constables challenging the circular, a single judge bench of Justice A K Mohapatra observed that the legislature while enacting the Sections 156 and 157 of CrPC was well-aware of the word ‘Officer’. Further, while providing that the cases are to be investigated by the officer-in-charge of the police station, it has also been stated that in course of investigation the OIC/IIC cannot send a person to the spot for investigation who is below the rank of an officer.
The judge held that the post of constab;e can never be equated with the post of officer of whatsoever designation. “In such view of the matter, this court has no hesitation to come to a conclusion that either the graduate constables or crime investigation havildars can never be equated with an officer in the police department,” Justice Mohapatra observed.
Besides, to carry out the duties which have been assigned to them by virtue of impugned circular the graduate constables as well as crime investigation havildars are to be first designated as officer for the purpose either by promoting them to the existing post of officers by creating new posts of junior officer in the cadre.
“Such promotion to the post of officer or any other designation from the post of graduate constables and crime investigation havildars would also accompany with it an enhancement in their remuneration either by fixing a higher scale of pay or by providing them some allowance/increment. This is more so, once such employees are upgraded from to the rank of officers, they will be required to perform duties with enhanced responsibility,” Justice Mohapatra further stated.
He directed the state Home department to consider the whole issue afresh and after due deliberation bring a fresh police circular order in consonance with Sections 156 and 157, CrPC as well as the Police Act and Manual. Till that time, the earlier police circular order shall remain operative, Justice Mohapatra said while concluding the judgment.