Junior officer appointed SP: Serving Chandigarh Police DSP moves CAT

Acting on an application filed by a serving deputy superintendent of police (DSP) seeking stay on the orders to appoint an officer junior to him as commandant Indian Reserve Battalion (IRB) and superintendent of police (SP) crime (additional charge), the Central Administrative Tribunal (CAT) has issued a notice to the UT administration to file a reply on January 7.

Applicant Ram Gopal stated that he is the senior most DSP in Chandigarh Police, having been appointed by promotion with effect from June 1, 2009.

The DSP stated that in the uniformed disciplined forces, every rank matters and putting a junior, who is an outsider, leads to humiliation, frustration and violation of Article 14 and 16 of the Constitution of India.

He added that he has an excellent service record and has been rewarded with prestigious medals during his career spanning 33 years. He has held many important posts and has also been awarded 108 commendation certificates, the DSP added.

The DSP appealed to quash the order dated December 17 through which the charge of the post of commandant, IRB, as well as the additional charge of SP crime was granted to DSP Jasbir Singh who is on deputation from the DANIPS cadre and is junior to the applicant in length of service, as per rules.

It has been alleged that the action of the administration to appoint a junior rank officer as SP crime is a violation of the hierarchy in the disciplined force.

The DSP stated that in the uniformed disciplined forces every rank matters and putting the junior, who is an outsider, leads to humiliation, frustration and violation of Article 14 and 16 of the Constitution of India.

He has called the action of the Chandigarh Administration to appoint a junior rank officer as SP Crime and Commandant IRB as illegal, arbitrary, discriminatory and against the service jurisprudence and hence the law.

Arvind Moudgil, senior standing counsel, CAT, argued that the order to appoint SP and commandant IRB had already been affected and hence no exparte stay can be granted.

Not the first time

In November 2020, CAT had ordered the UT administration to consider promoting DSP Ram Gopal to the rank of SP. The tribunal quashed the administration’s argument that there was no vacancy for SP (non-IPS) rank in Chandigarh. The administration was given two months to implement the order.

However, the particular order was challenged before the high court and is currently pending.