Punjab-Haryana High Court
Jagjit Singh vs U.T. Chandigarh And Ors on 4 December, 2019
Author: Ravi Shanker Jha
Bench: Ravi Shanker Jha
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP-(PIL)-161-2019 (O&M)
Date of decision:- 04.12.2019
Jagjit Singh
...Petitioner
Versus
U.T. Chandigarh through its Principal Secretary, Department
of Home, U.T. Secretariat, Sector-9, Chandigarh and others
...Respondents
CORAM: HON'BLE MR. JUSTICE RAVI SHANKER JHA, CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJIV SHARMA
Present: Ms. Sumati Jund, Advocate,
for the petitioner.
* * * *
RAVI SHANKER JHA, C.J. (ORAL)
This petition has been filed by the petitioner praying for a direction to the respondent-authorities to ensure the effective implementation of the recommendations made pursuant to a detailed study carried out by the Bureau of Police Research and Development for introducing 08 hours shift pattern system in all the Police Stations and Police Posts of Chandigarh Police.
Learned counsel for the petitioner has taken this Court through various representations filed by the petitioner requesting the authorities to adopt the aforesaid study report. Learned counsel for the petitioner points out that the respondent-authorities by their communication dated 21.11.2018 (Annexure P-15) on a query being made by the Bureau of Police Research and Development have stated that the Chandigarh Police is not in a position to implement 08 hours shift duty system in Police Stations of Chandigarh Police with the existing manpower.
Learned counsel for the petitioner submits that sufficient manpower is available with the Chandigarh Police and in such circumstances the authorities have deliberately ignored the suggestions made in the report and are continuing to subject the police personnel to perform duties beyond eight hours.
1 of 2 ::: Downloaded on - 08-12-2019 10:19:45 ::: CWP-(PIL)-161-2019 (O&M) 2 On the basis of the aforesaid submissions, a direction has been sought from this Court to the authorities to implement the study report by introducing 08 hours shift pattern system in all the Police Stations and Police Posts of the Chandigarh Police.
We have heard learned counsel for the petitioner at length.
At the very outset, it is pertinent to note that the issue involved in the petition is one which has to be considered and decided by the administrative authorities at their level and it is not for this Court to either determine the policy or the rules in this regard, more so, as the matter is purely administrative.
Quite apart from the above, the authorities taking all the aspects into consideration including the study report have already informed the petitioner that it is not possible for them to implement the 08 hours shift system. In such circumstances, as this Court is not required to determine the policy or direct the authorities to adopt a particular policy in administrative matters and as the administrative authorities have already examined all the aspects and rejected the proposal to implement the 08 hours shift system, we do not find any reason to interfere with the same in the present petition.
The petition filed by the petitioner being meritless is accordingly dismissed.
(RAVI SHANKER JHA) CHIEF JUSTICE (RAJIV SHARMA) JUDGE 04.12.2019 Amodh Whether speaking/reasoned Yes/No Whether reportable Yes/No 2 of 2 ::: Downloaded on - 08-12-2019 10:19:45 :::