MHA debars 2 Haryana cadre IPS officers from central deputation, foreign assignments for 5 years

In a letter dated August 17 to Haryana Chief Secretary Sanjeev Kaushal, the MHA wrote, “I am directed to refer to the Government of Haryana’s letter no. 06/17/2022-3HGI dated 26.07.2023 on the subject mentioned above and to convey approval of competent authority for cancellation of appointment of Shri Abhishek Jorwal, IPS (HY:2011) as Superintendent of Police (SP) in National Investigation Agency (NIA) conveyed vide this Ministry’s letter of even number dated 14.06.2023”.

The Under Secretary to the Government of India, Sanjeev Kumar, added, “Further, Shri Abhishek Jorwal is debarred from Central deputation for a period of five years w.e.f. 14.06.2023, under the provision of para-17 of IPS Tenure Policy. He is also debarred from being considered for foreign assignments/consultancies abroad during the period of debarment”.

The MHA has also communicated its observations against the IPS officer to state Director General of Police (DGP) Shatrujeet Singh Kapoor, the NIA, Home Minister and various other officials concerned.

Prior to his posting as Kaithal SP, Jorwal was the Aide-De-Camp (ADC) to Haryana Governor Bandaru Dattatreya.

Speaking to The Indian Express, Abhishek Jorwal said, “In January, the police headquarters included my name among seven officers for central deputation. However, the department did not seek my willingness, which is a standard procedure. Generally, either officers give their willingness for central deputation on their own or the MHA considers them and seeks a No-Objection Certificate from the state government. But I was not asked for my willingness. However, when I learnt that my name was included, I approached both the state government as well as the MHA.”

“I gave representations showing my unwillingness to be considered for the central deputation because of certain unavoidable family reasons. I even met the Chief Minister and apprised him of my family compulsions due to which I would not be able to go for central deputation at this stage. My request was considered and a letter was sent by the state government to the MHA withdrawing my name from the list of officers to be considered for central deputation appointments,” he said.

“Apparently, due to certain postal reasons, the letter could not reach the MHA on time and they proceeded with their orders debarring me from central deputation for five years. It is how MHA proceeds in such cases. However, if after about a year or so, I finally get an opportunity again for central deputation or foreign assignment, the MHA would consider their debar orders again and revoke it. What happens is that in such cases, once an appointment letter for central deputation is issued and the officer is not willing to join, they issue such orders debarring the officer for a specific period,” Jorwal explained.

Despite repeated attempts, Om Prakash Narwal, who is also a former Kabaddi player, did not respond to phone calls made to him.

In March this year, Union Minister of State for Home Affairs Nityanand Rai informed Lok Sabha that as provided “under Article 312 of the Constitution, the Indian Police Service (IPS) is an All India Service, both the Union and the States. A certain number of posts in different police and other organisations/departments of the Central Government are filled up by IPS officers allotted to various state cadres”.

Citing Rules for IPS officers, MoS Rai added, “Rule 6(1) of the IPS (Cadre) Rules, 1954 provides for the deputation of IPS officers to the Central Government. The Central Deputation of IPS officers is governed under the IPS Tenure Policy and as per para 17 of the said policy, an officer who is approved for appointment to a post under the Central Government will be debarred for a period of five years from Central Deputation and foreign assignments/consultancies if he/she fails to take up his/her assignment”.

What does Para 17 of the IPS Tenure policy say?

As per the Tenure Policy for IPS officers, “An officer who is approved for appointment to a post under the Central Government will be debarred for a period of 5 years from central deputation and foreign assignments/consultancies if he/she fails to take up his/her assignment. State Government may withdraw an officer from the offer list without rendering him/her liable to debarment, provided he/she has not been approved for a placement; if the request for withdrawal is received after the approval, then the officer concerned would be liable to be debarred. In case an officer is appointed on central deputation under Central Staffing Scheme, his case will be governed by Department of Personnel and Training (DoP&T) rules in this regard.”