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Journalism of Courage
IT WAS in 2013 when Chandigarh first got Deputy Superintendents of Police (DySP) rank officers in the city’s police force under the then introduced deputation policy. Prior to that, Chandigarh, being a Union Territory, had an independent police cadre and the DySP was the highest rank that the local police officers used to achieve before their retirement. Being the capital of two states of Punjab and Haryana, Chandigarh Police’s top positions, from the rank of Superintendent of Police up to Deputy Inspector General of Police, used to be filled by IPS rank officers from the two states. The chief of Chandigarh Police, an Inspector General or Director General rank officer, is an AGMUT cadre IPS officer.
Currently, there are 22 posts of DySPs in Chandigarh Police. The Inspector rank officers who are due to be promoted to the rank of DySP could not attain the higher rank because the DANIPS cadre officers from Delhi had occupied at least eight such posts. Consequently, the affected UT Police officers approached Central Administrative Tribunal (CAT), which decides on disputes arising in service matters pertaining to Chandigarh Administration’s employees, and cited various anomalies in the rules that govern promotion of Chandigarh Police officers.
While the case is pending trial in CAT, the Ministry of Home Affairs on Thursday recalled all the eight DANIPS cadre officers back to New Delhi. They were, however, yet to relinquish charge.
What were the reasons behind sudden ouster of eight DANIPS cadre DSP rank officers from Chandigarh?
The absence of Chandigarh Police Services Rules (CPSR) is one of the key reasons that triggered the litigation among the officers of Chandigarh Police force that eventually led to the abrupt transfer of eight DANIPS cadre DySPs from Chandigarh to Delhi. A draft of CPSR that reserves 10 posts of DSPs for Chandigarh Police Inspectors, seven posts for DANIPS cadre, three for Punjab Police Services (PPS) and three for Haryana Police Services (HPS) is pending with the Union Public Service Commission (UPSC) for approval. The Chandigarh Administration’s Home Department’s senior officers say that though the proposed draft of CPSR has been cleared by MHA, it is yet to get final nod by the UPSC. Leading lawyers privy to the case say that in the absence of any concrete rules, other cadre officers cannot be appointed in Chandigarh Police Service.
How many vacancies are there for DySP rank officers in Chandigarh?
The Chandigarh Police has a total of 22 vacancies for DySP rank officers. Currently, 10 DySP rank officers are from Chandigarh Police Service who attained the rank on promotion from the rank of Inspector. Eight vacancies were filled by DANIPS cadre officers, who have now been transferred back to New Delhi.
Why did Chandigarh Police Service officers move CAT?
A bunch of Chandigarh Police Service (CPS) Inspectors started approaching CAT one after another, seeking their promotions to the rank of DySP. Citing the Punjab Police Rules that had been governing Chandigarh Police as well, Inspectors cited that since they had completed six years on one rank, they were eligible for promotion to the next rank of DySP. Five Inspectors were the first ones to move CAT in 2015 and pleaded that because of the DANIPS cadre officers coming to Chandigarh and occupying DySP rank posts, they were getting deprived of their legitimate right of promotion. Although three out of five were promoted because they were adjusted against the vacant DySP rank posts, two were left out and their case is pending. But, as more Inspectors are completing the six-year norm, they have started joining the petitioners.
What did the CAT decide?
On November 13, CAT had ruled in favour of CPS officers and directed the Chandigarh Administration to file the compliance report in four weeks’ time. By December 21, the Chandigarh Administration was supposed to submit a compliance report in CAT. Despite the CAT’s ruling, the Chandigarh Administration did not implement the orders and CPS Inspectors again approached CAT by filing a contempt petition. Hearing in the contempt petition is currently pending with the CAT and is slated for next hearing on January 8.
If CAT’s ruling is implemented, how will it impact Chandigarh Police Service officers?
The Chandigarh Administration has decided to hold a meeting of Departmental Promotion Committee (DPC) for considering the names of Inspectors eligible for promotion to the rank of DySP, on January 10, 2018. A senior IAS officer, Anurag Aggarwal, Secretary (Home), UT, says that the Chandigarh Administration shall first examine the service record of all the eligible candidates for promotion along with other requisite parameters before finally promoting them.
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