The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.22265 of 2024 KhirdharMajhi 1) State Of Odisha 2) Dg And Ig Of Police, Cuttack 3) Ig Of Police(personnel) 4) Supdt. Of Police, Nuapada ..... ..... -versus- Petitioner Represented By Adv. - GopalSinha Opposite Parties Represented By Adv. – Ms.Sasmita Nayak, ASC Gopal Majhi ..... Petitioner WP(C) No.22267 of 2024 -versus- ..... 1) State Of Odisha 2) Dg And Ig Of Police, Cuttack 3) Ig Of Police(personnel) 4) Supdt. Of Police, Nuapada Represented By Adv. - GopalSinha
Legal Reasoning
Opposite Parties Represented By Adv. – Ms.Sasmita Nayak, ASC
Decision
CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 06.02.2025 Order No. 03. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioners as well as learned Additional Standing Counsel for the State. Perused the respective pleadings of the parties as well as the documents annexed thereto. 3. The present Writ Petition has been filed with a prayer for a Page 1 of 6. direction to the Opposite Party Nos. 2 & 4 to post the Petitioners as Constable, Odisha Auxiliary Police Force at Police Station duty taking into consideration the letter dated 04.12.2017 (Annexure-4) to the Writ Petition issued by the Opposite Party No.3. In the alternative, it has also been prayed for a direction to the Opposite Party No.2 to consider the representation of the Petitioner under Annexure-6 to the Writ Petition. 4. Learned counsel for the Petitioners at the outset contended that the Special Operation Group in the State of Odisha was created by virtue of letter dated 21.08.2004 issued by Opposite Party No.1. The Special Operation Group was created to counter the extremist and terrorist activities in the State of Odisha. On 18.11.2009 the Opposite Party No.1 issued a Notification creating 3500 number of posts for appointment of tribal youth as Special Police Officer (SPO) on temporary basis for a period of three years with a rider that they should not be exposed to undue risk. Accordingly, an advertisement was issued on10.06.2010 for recruitment to such post pursuant to which the Petitioners applied and participated in the recruitment process. 5. Pleadings further reveal that the Petitioners were selected and appointed on temporary basis on 10.06.2010. Thereafter, the Petitioners were asked to discharge their duties on temporary basis. After completion of their temporary period, their services have been regularised by virtue of order dated 01.02.2014 issued by Opposite Party no.4 pursuant to the decision of the Government. 6. While the matter stood thus, on 04.12.2017 the Opposite Party No.3 issued a letter with regard to posting of OAPF constables to different Police Stations duty. In the said letter, it Page 2 of 6. was specifically mentioned that the Government is pressing hard for utilisation of Constables at Police Station level and it has come to the notice of the Government that OAPF Constables are being retained at RO level. Accordingly, the Petitioner was transferred to Sinapali P.S. on 28.12.2017. 7. While the Petitioners were posted at Police station level duty, their services have been utilised in the SOG operation against extremist and terrorise activities inside the State. Learned counsel for the Petitioners at this juncture contended that the Petitioners, who were members of OAPF were not properly trained to participate in the anti-naxal operation. However, they were being sent to the field frequently. He further submitted that such deputation to the field exposed the Petitioners to the life risk. 8. Apprehending danger to their lives, the Petitioners submitted a representation before the Opposite Party nos. 2, 3 & 4 on 17th January, 2024 therein ventilating their grievances and with a further sympathetic request to take a lenient view so far the OAPF Constables are concerned. It was also pointed out in the representation that pursuant to the order dated 04.12.2017 the services of OAPF Constables only can be utilised at the Police Station level. The said representation also deals with grievance of non-payment of risk allowance to the OAPF Constables, who are being deployed in anti naxal operation frequently. Learned counsel for the Petitioners further contended that although the said representation was filed on 17.01.2024, however, no tangible action has been taken on such representation of the Petitioner. 9. On the contrary a letter 29.01.2024 was issued by Page 3 of 6. Opposite Party no.4 therein mentioning that the OAPF Constables of Nuapada district have been attached to different Police Stations as noted against each of the name in the list and were asked to perform the additional duty of anti naxal operation in the camps. Being aggrieved by such decision of the Opposite Parties, the Petitioners have approached this Court by filing the aforesaid Writ Petitions. 10. Learned Additional Standing Counsel appearing for the State of Odisha on the other hand, referring to the Counter Affidavit filed by Opposite Party No.4, contended that the services of OAPF Constables like that of the Petitioners have been utilised at Police Station level. The OAPF Constables are being sent for training for a period of one month, twice in a year. She further contended that the OAPF Constables have been deputed to different camps in the Naxal affected area of Nuapada district together with CRPF as a representative of local Police for a period of one month only twice in a year. She further contended that they are not deputed to high risk places, where their lives are in danger. The OAPF Constables have been paid/facilitated full T.E. during such deputation. Further, referring to the pleadings in the Counter Affidavit, learned counsel for the State submitted that the authorities have not committed any illegality as has been alleged by the Petitioners in the Writ Petitions. On such ground, learned Additional Standing Counsel appearing for the State contended that the Writ Petitions are devoid of merit and accordingly the same should be dismissed. 11. Having heard learned counsel appearing for the parties, on careful examination of the materials on record and further considering the pleadings of the respective parties as well as on Page 4 of 6. careful examination of the submissions of the learned counsels appearing for the parties, this Court observes that the sole grievance of the Petitioners in the present Writ Petitions is that they are being deputed to naxal affected areas in field duty along with CRPF personal. Thus, they are exposing their lives to danger although they were not properly trained. In the aforesaid context, this Court would like to refer to the letter dated 04.12.2017 under Annexure-4 issued by the I.G.(Personnel), Cuttack, which clearly indicates that OAPF constables, who are retained at R.O. level are therefore, instructed to be posted at Police Station level. On the basis of the aforesaid letter, the OAPF Constables were posted at different Police stations. 12. The grievance of the Petitioners in the present Writ Petitions is that in violation of the instructions vide letter under Annexure-4, the Petitioners have been sent to the Naxal infested areas of the State thereby exposing to their lives to danger. On a careful examination of the materials on record, this Court is of the view that the issue involved in the present Writ Petition basically falls within the scope of administrative and management function of Police in the State of Odisha. Therefore, the Opposite Parties are required to examine the same by keeping in view the public interest as well as the risk factor involved in management of such Police personnel. Accordingly, this Court deems it proper to dispose of the Writ Petition by directing the Opposite Party no.1 to consider and dispose of the representation of the Petitioner under Annexure-6, within a period of six weeks from the date of communication of certified copy of this order. This Court further observes that the Opposite Party No.1 shall take into consideration the interest of the Petitioners as well as the life risk Page 5 of 6. involved while deploying the police personnel in the Naxal infested areas and the larger interest of the State. The final decision, so taken be communicated to the Petitioner within a period of one week thereafter. 13. Since the Petitioners have already been deployed in a Police Station, that part of the prayer is not being pressed by the learned counsel for the Petitioners. With regard to the posting in the field in Anti Naxal operation, it is directed that necessary precautionary steps be taken while deploying the OAPF Constables, who are admittedly untrained personnel engaged in such high skill work and to ensure that no risk falls on the lives of such Police personnel, even if the same is for training purpose. Further, this Court believes that the grievance with regard to risk allowance of the Petitioners shall also be suitably considered by the Opposite Party No.1 and necessary instructions be issued in that regard. 14. With the aforesaid observation/direction the Writ Petition is disposed of. RKS ( A.K. Mohapatra ) Judge Page 6 of 6. Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: AR-CUM-Senior Secretary Reason: Authentication Location: High Court of Orissa Date: 11-Jul-2025 09:53:00