Former DGP Bhawra case: CAT judicial member recuses from case

A judicial member of the Central Administrative Tribunal (CAT), Chandigarh, has recused himself from hearing the case filed by former DGP VK Bhawra, who had challenged the appointment of Gaurav Yadav as state police chief after the Aam Aadmi Party (AAP) government took charge in March 2022 and sought his reinstatement.

The case was listed for today. Judicial member Suresh Kumar Bhatra said: “I recuse myself from hearing the instant case. Let the matter be placed before HoD of this bench for constitution of the bench, in which the undersigned is not a member.”

The reason is that one of the members Suresh Kumar has engaged one advocate in his personal service related case, which is listed before the high court. The advocate concerned is also the counsel of current DGP Gaurav Yadav, who is a respondent in the case, filed by Bhawra. Hence, the judicial member of the bench has recused himself.

In November, CAT issued a notice to the Punjab government, Union government, Union Public Service Commission and DGP Yadav.

In the application, the 1987-batch IPS officer, who has service of 35 years, said his name was recommended twice, in 2020 and 2022, in the panel of three officers sent to the UPSC to head the state police force.

On January 8, 2022, Punjab governor Banwarilal Purohit appointed Bhawra as DGP for a minimum period of two years. But in March 2022 when the Bhagwant Mann-led AAP government took charge, Bhawra was ‘pressurised’ to relinquish the charge and it was perceived that he was an appointee of the previous government”, the application said.

Bhawra urged the tribunal to quash the September 2, 2022, order vide which in a “completely illegal and arbitrary manner and in total contravention of the Punjab Police Act, 2007, the applicant in the guise of the transfer order has been removed from the post of DGP (head of police force).”

Seeking interim relief, the applicant mentioned that during the pendency of the application, Bhawra be directed to take charge of the post of DGP (HoPF), Punjab, and respondents restrained from appointing or giving the additional charge on the post to any other officer.