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Manish Kumar v. Union of India and Others

One of the important issues sought to be raised in the instant writ petition, which has been filed as a cause in public interest, is that the law and order situation has deteriorated on account of the existence of large number of vacancies, in the police service at all levels.

(Jagdish Singh Khehar, C.J. and N.V. Ramana and D.Y. Chandrachud, JJ.)

Manish Kumar _____________________________________ Petitioner;

v.

Union of India and Others ________________________ Respondent(s).

(With appln. (s) for exemption from filing O.T.) (For final disposal)

Writ Petition(s) (Civil) No(s). 183/2013, decided on January 24, 2017

The Order of the court was delivered by

Order

1. One of the important issues sought to be raised in the instant writ petition, which has been filed as a cause in public interest, is that the law and order situation has deteriorated on account of the existence of large number of vacancies, in the police service at all levels. The latest figure as on 1st January, 2015 has been indicated as 4,73,049 vacancies (in a data report issued by the Bureau of Police Research and Development). Despite having issued notices, most of the State Governments have remained unrepresented. Some of them filed responses, depicting the vacancy position. As for instance the State of Chhattisgarh has filed an affidavit in 2014, wherein its acknowledged stand is, that the vacancies in the District Executive Force(including Reserve Inspector, Inspector, Subedar, Sub Inspector, Asstt. Sub Inspector, Head Constable, Constable and Ministerial staff) is 3,862, but the figures now made available depict that in the State of Chhattisgarh, the present vacancy position is 10,013.

2. In view of the importance of the issue in hand, we consider it just and appropriate to require Home Secretaries of all State Governments/Union Territories to file affidavits in this Court, depicting the latest vacancy position, in order. To ensure the compliance of the instant order, we hereby direct respondent No. 1, to communicate the instant order, to all the Home Secretaries of all State Governments/Union Territories, within one week from today.

3. Compliance affidavit be filed within three weeks from today.

4. Post for hearing on 27th February, 2017.

5. Such of the State Governments/Union Territories, who fail to file the affidavit sought through the instant order, will ensure the presence of the Home Secretary himself, on the next date of hearing, along with all the necessary record, so as to assist this Court in the final disposal of this petition.

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