NEW DELHI, MARCH 2: Central Administrative Tribunal (CAT) has quashed the appointment of K T D Singh as Tripura’s Director General of Police (DGP), saying his elevation to the post was contrary to the Union Home Ministry guidelines.
Singh was, however, allowed to continue on his post till a fresh appointment was made by the competent authority.
Taking strong exception to Singh’s appointment, a much junior IPS officer of Manipur-Tripura cadre to the post, CAT’s division bench, comprising Justice Kuldip Singh and its Vice President (Adm) S R Adige, in a recent order directed that the state government should make appointment to the post "strictly in accordance with the rules".
Singh’s appointment was challenged by D S Grewal, another cadre officer, alleging that his (Grewal’s) candidature was "ignored" by the state government, though he was the senior-most IPS officer of the joint-cadre of the two states.
"Respondents (Union Home Ministry and Tripura government) are directed to ensure that the competent authority makes appointment to the post of DG police, Tripura, strictly in accordance with rules, instructions and guidelines issued from time to time after considering the claims of all eligible officers for appointment," the order said.
Grewal in his application said that Singh, who had not even completed 26 years of service, was elevated to the post of DGP while the Home Ministry guidelines had fixed 30 years service by an IPS officer for the post.
The tribunal rejected Tripura Government’s contention that Grewal had never worked in Tripura, saying, "This would negate the very principle of a joint cadre" for the two states.
"IPS officer allotted to Manipur-Tripura joint cadre are not allotted to Manipur or Tripura alone… and it is the responsibility of the joint cadre authority to post them against vacancies occurring in either states," it said.
CAT also took strong note of the Tripura government giving charge of DGP to Singh on April 17, 1999, even before creating ex-cadre post (of DGP) for six months with effect from April 18, 1999 and keeping the cadre post in "abeyance" during this (six month) period.
"Nothing has been shown to us to establish that the tenure of ex-cadre post of DGP has been extended beyond October 17, 1999. The life of that ex-cadre post of DGP, Tripura would have expired on October 18, 1999," it said
"Even by the government of Tripura’s own stand, the continuance of K T D Singh as DGP beyond October 18, 1999 would not be legal," the Tribunal observed.