Police Personnel Cannot Be Appointed As Jail Superintendent: Uttarakhand High Court

Name of the Case

Sanjeev Kumar Akash v. State of Uttarakhand

Background Facts

• An order was passed on 12.02.21 by the Secretary of Home Department, giving additional charge of Senior Superintendent and Superintendent of Jail in various places to the Officers of Police Department.
• The Inspector General of Prisons as a result, ordered the transfer of officers to various prisons.
• The petitioner filed a Public Interest Litigation challenging the order passed by the Secretary and the Inspector General.

Recommendations for Reforms

• All India Jail Committee, 1920: The committee recommended different trainings to be provided for different staffs required for the proper working of the prison system.
• Dr. WC Reckless (UN Expert on Correctional Work): He emphasized on the Reformative theory of punishment and to have proper training of personnel in charge of prisons.
• Working Group on Prisons, 1972: The group emphasised on the requirement of having proper training of personnel of prison administration.
• All Indian Committee on Jail Reforms, 1980: The Committee recommended a well organised prison cadre should be implemented with proper training and promotional avenues.
• Ministry of Home Affairs, 2009: The ministry made recommendations for training infrastructure with qualified staff, creation of posts for the prison staff and timely filling up of vacancies in the system.

Rules Governing the Prison

• Nelson Mandela Rules: These rules of the United Nations has provided for careful selection of personnel suitable for the prison administration who have undergone proper training tailored specifically for the duties of the Prison.
• UP Jail Service Rules, 1982: These rules prescribed for filling the vacancies by direct recruitment or promotion and does not provide for ad-hoc appointment of prison authorities.

Standing of the Court

• The procedure for appointment has been prescribed by law.
• The positions of Inspector General of Prisons and Addl. Inspector General of Prisons can be filled by IPS Officers but does not provide the power for filling the lower positions of prison administration by police staff.

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