BHOPAL: The state government is all set to promote 30 Deputy Superintendents of Police (DSPs) as Additional Superintendents of Police (ASPs), allegedly ignoring Supreme Court’s directives on fixing of seniority of government officials.
Meanwhile aggrieved officers of the DSP cadre are planning to move court .
The promotions have been cleared by Departmental Promotion Committee (DPC) constituted by the home department. The officers, who claim that the fixation of seniority was flawed, had first lodged their complaint with the ADG (Administration) in April 2019.
However, in violation of the rules, the meeting of the DPC was convened without disposing of the complaint. The complaint quotes two judgments of the Supreme Court. It says that 10 platoon commanders of the 1999 batch were promoted as assistant commandant (a post equivalent to DSP) in 2010. All of them were from the reserved category and were promoted under the reservation quota.
Both the judgments of SC say that if a senior officer of the general category is promoted after his junior from the reserved categories under reservation rules, then, at the time of the next promotion, the seniority of the general category officer would be maintained.
The DSPs who are aggrieved by the proposed promotions also contend that the initial elevation of the 10 company commanders was also in violation of the rules as they were holding a gazetted post and were thus out of the purview of the provision for reservation in promotions.
The aggrieved officers say that under the ‘catch-up rule’, they should be placed above the promoted assistant commandants in the seniority list i.e. their seniority at the time of their appointment as platoon commanders should be maintained.
The complainants have quoted judgments of the Supreme Court in the case of Panneerselvam versus State of Tamil Nadu (27 August 2015) and B K Pavitra and others versus The Union of India (9 February 2019) to buttress their argument. They have urged the police headquarters and the state government to amend the seniority list w.e.f. April 1, 2018.
‘If and when we receive a copy of judgment’
If and when we receive a copy of the judgment of the court, we will consider it. In any case, the seniority of DSP- and ASP-level officers is fixed at the government level
-Kailash Makwana, ADG, Administration.
‘Can comment only after after seeing the relevant files’
I can’t recall that this issue was placed before me for consideration. I can comment over the issue only after seeing the relevant file.
SN Mishra, principal secretary, Home
