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Journalism of Courage
The Punjab and Haryana High Court has issued notice to the Haryana government in a petition seeking to declare the posts occupied by 31 Indian Police Service (IPS) officers in the state unauthorised and in violation. The Bench of Justice Vinod S Bhardwaj posted the matter for next hearing on September 14.
The petitioner Aarti, through counsels Pardeep Solath, Satbir Mor and Sarveesha Sharma, contended that the posts occupied by the respondents in the petition were in utter disregard to the Indian Police Service (Cadre) Rules, 1954 and Indian Police Service (Fixation of Cadre Strength) Amendment Regulation, 2017. As per the rules, these posts are in excess of the sanctioned strength of 19 ex-cadre posts for IPS officers in Haryana Police, the petitioner argued. The petitioner also sought to quash the posting orders of the 31 IPS officers — of ADGP, IGP, DIG, SP, DCP and ADC ranks.
The petitioner sought to restrain Haryana’s finance department from not bearing the expenses of office expenditure from these extra posts created without the approval or consent of the finance department and Union home ministry.
The petitioner’s counsel argued that as per the instructions issued by the Haryana finance department, from time to time, before creating any ex-cadre post, specific permission from the department has to be taken to meet the financial implications and the salary has to be given online through the treasury department Haryana, heads for each post to be created.
The petitioner stated that there is no dispute with regard to the jurisdiction of the state to create an ex-cadre post; however, the said powers are limited to the cap imposed by the Ministry of Home Affairs, Government of India under Indian Police Service (Fixation of Cadre Strength) Amendment Regulation, 2017 as well as The Indian Police Service (Cadre) Rules, 1954. Therefore, the total ex-cadre post can be a maximum of 19.
It was further contended that to the utter disregard to the Indian Police Service (Fixation of Cadre Strength) Amendment Regulation, 2017 and instructions of the Finance Department, the additional chief secretary via orders dated March 3, 2023, April 3, 2023, and April 17, 2023, posted the 31 respondents to the ex-cadre posts which were never approved by the Government of India and the Haryana finance department.
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