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Journalism of Courage
In a judgment that could have far-reaching implications on future appointments,the Bombay High Court on Thursday set aside the appointment of senior IPS officer Anami N Roy as Maharashtras Director General of Police and directed it to appoint a new DGP within four weeks.
The judgment came in the wake of a Central Administrative Tribunal CAT order in October setting aside Roys appointment,following an application by Suprakash Chakravarty,who was then DGP,Homeguards,and is currently the DG,Anti Corruption Bureau.
Holding that the state was bound to consider the three officers who were senior to Roy for the state DGPs post,CAT held that the whole process of his appointment was untenable in law and on facts.
The high court expressed similar views on Thursday. Passing strictures against the Government,it said the selection procedure was arbitrary and based on irrelevant considerations and non-application of mind. However,it stayed the judgment removing Roy for two weeks to allow the parties time to move the Supreme Court.
Such a legal tussle could in fact come as a face saver for the state Government,which is facing huge embarrassment and a resurgent Opposition over the issue. By the time the case is decided,point out legal experts,Roy may emerge as the last man standing as he has a long service tenure ahead of him while the other contenders are due to retire in a few months.
Minister of State for Home Nitin Raut said they would study the high court order before deciding whether to appoint a new DGP or go to the Supreme Court. If they choose the former,their first choice is likely to be DGP Housing S S Virk.
Roys appointment was challenged by Chakravarty on the grounds that he superseded three IPS officers senior to him Virk,Chakravarty himself,and J D Virkar,the Commandant-General of Home Guards and Director of Civil Defence. While Virk belongs to the 1970 batch,Chakravarty and Virkar are of the 1972 batch like Roy but are senior to him.
Virk was posted in Punjab in the early 1980s when militancy was at its peak and was shot at during Operation Black Thunder in 1988. He is due to retire by the end of July.
Chakravarty and Virkar are also due for superannuation by the end of June and July respectively. Roys tenure ends in May 2010.
After Roy,Additional DGP,Training and Special Units,J Y Umranikar,is the next in seniority followed by Mumbai Police Commissioner Hasan Gafoor. While Virk refused to talk,Roy,who has been in the capital since Wednesday,was not available for comment.
A gleeful Opposition today said the state Government shielded Roy. The DGP was acting like an activist of a political party, said BJP leader Gopinath Munde.
