Internal disputes and allegations of botched up promotions within the police hierarchy has led the Bombay High Court to yet again freeze the implementation of a seniority list released by the state government and the DGPs office.
The order comes in the wake of a petition by 25 police sub-inspectors seeking to quash an order passed by the Maharashtra Administrative Tribunal (MAT) to increase the marks of candidates who had failed the Limited Departmental Examination (LED),for promotion to PSIs,after allegations that the questions were out of syllabus and the marks incorrect.
Petitioner Mahesh Farande (PSI) and others contend that they do not have any problem if the candidates who had failed are promoted,but on the condition that they get ranks below that of the petitioners.
A division bench of Justice S B Mhase and Justice D B Bhosale has now ordered that further promotions on the basis of the impugned seniority list dated November 15,2006,published in 2007,shall not be given until further orders.
According to the counsel for the petitioners,Ashutosh Kumbhakoni,the appointment or promotion to the post of PSI is based on three categories. Fifty per cent of the vacancies are filled through direct recruitment through the MPSC,and 25 per cent are filled though promotions. The third is accelerated promotion done by clearing the LDE,which is like an incentive for deserving officers.
The results of the departmental exam held in August 2000 were published in 2000 and 2001,by way of three lists. The petitioners had cleared the exam in the first shot along with 600 others. All of them were promoted in April 2001. However,the candidates who failed approached MAT alleging incorrect marks and questions out of the syllabus. In August 2001,MAT ordered the state to increase the marks of the failed candidates. Due to this,they were made eligible for promotion on the third list released in December 2001. Although the list came in 2001,the actual promotions took place only in November 2006.
Unfortunately for the petitioners who had by then completed five years as PSI,the new promotees affected their promotion prospects due to limited vacancies. Moreover,by the November 15,2006 seniority list,the confirmation of the petitioners was derecognized by the state as the DGP office cancelled all earlier lists.
The petitioners claim some juniors scaled their way up with the benefit of the seniority list.
Kumbhakoni had argued that the petitioners were not even heard when MAT passed the order granting extra marks. Promote them,but below our posts, Kumbhakoni had submitted.
The petition questions whether MAT has the jurisdiction to interfere on the issue of syllabus and other matters in departmental exams and whether seniority list of PSI can be prepared by clubbing various years of vacancies.
It also contends as to why the selection list was not made yearwise and reviewed every six months.
The petitioners have also challenged the grounds of cancellation of their confirmation.
The case will come up for hearing after six weeks.