DIG promotion case: High Court stays Central Administrative Tribunal order

The UPSC has moved the High court challenging a Central Administrative Tribunal’s order that held the action of the authorities in excluding M M Rathod, Deputy Inspector General of Police...

The UPSC has moved the High court challenging a Central Administrative Tribunal’s order that held the action of the authorities in excluding M M Rathod, Deputy Inspector General of Police, from the list of those inducted to IPS in 1987, as unjust and arbitrary.

UPSC moved the High court against the tribunal’s order following which the court stayed it. The court has asked the commission to consider Rathod in the 1988 selection list. However, according to Rathod’s lawyer Samir Vaidya, Rathod still loses one year. “The petition is pending final disposal. We might now move the Supreme Court against the HC stay order,” Vaidya said.

Rathod was denied selection as he was under suspension from 1982-87 in the wake of a criminal case against him and was declared ‘unfit’.The case pertains to a raid which Rathod’s team had conducted at a gambling den in 1982 after which the gambler and others involved made false allegations against the raiding police party. The trial went on for five years before a special judge in Kolhapur after which Rathod was acquitted of all charges.

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The state government in the meantime confirmed Rathod’s name along with 41 other state cadre officers as ACP from December 1993.

After the suspension was revoked, Rathod’s confirmation as ACP was revised with effect from 1986.

With this development, Rathod said that he was entitled to be inducted to the IPS in the list prepared by the Selection Committee Meeting held in December 1987 wherein his batch mates and even juniors were considered and promoted.

He then made a representation to the state government against the order dated February 2005 giving him IPS with effect from January 2002. The state government recommended the UPSC to consider his case. The UPSC however rejected the proposal on the grounds that there was no provision in the IPS rules for suo-motu review.

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Rathod then moved the tribunal stating that there were 16 vacancies in 1987 for promotion to IPS and only 10 officers were selected. The tribunal allowed his application and directed the selection committee to reconsider it.

The committee in 2006 gave him a deemed appointment to IPS with effect from 1992. Rathod was however not satisfied and approached the tribunal once more.

The tribunal bench observed, “the applicant was available to perform his duty but was prevented from doing so because of the circumstances totally beyond his control and in this background; it is totally unfair to consider his case by following the criteria as applicable to other officers.”