Maharashtra government informed the Bombay High Court on Thursday that it will “reconsider” its decision regarding the representation sent to the UPSC to reconsider IPS officer Sanjay Pandey's name for the post of state Director General of Police (DGP).
Advocate General Ashutosh Kumbhkoni made the statement on behalf of the government before a division bench of Chief Justice Dipankar Datta and Justice M S Karnik.
The government’s decision comes in the wake of stern comment by the chief justice wherein he remarked that Pandey seems to be the “blue-eyed” boy and the state had gone “out of its way” to upgrade his grades.
The HC is hearing a public interest litigation filed by advocate Datta Mane seeking directions to the government to appoint a DGP in accordance with the guidelines issued by the Supreme Court in its 2006 judgement on police reforms in the Prakash Singh's case.
As per court’s directions, government produced proceedings of the three Referral Boards in which Pandey’s ratings of ACR (Annual Confidential Record) was increased and adverse remarks expunged.
After going through the files, CJ remarked: “In our view, Respondent number 5 (Pandey) seems to be ‘blue-eyed’ boy of Maharashtra govt. If he is appointed as DG, he will not be able to discharge his official duties. Govt went out of the way to change his gradings. There will be a relationship of give and take. Such an officer should not be appointed as DGP.”
On Thursday, while initially Kumbhkoni defended the state's representation to the UPSC, he subsequently told the court that he had instructions from the state government to make a statement that the latter was willing to reconsider its representation sent to the UPSC on Pandey's candidature.
While granting time, the court said that the government must convey by February 21 on what had it decided on Pandey's candidature. After that the court pass its order.
The court has also permitted Pandey and other respondents to file their written notes by February 16.
Navroz Seervai, Pandey’s counsel, argued that the government had never favoured the IPS officer. In fact, he claimed that Pandey had suffered injustice for 15 years irrespective of whoever was in the government.
Seervai said: “He (Pandey) is the last person about whom it can be said that he is a favoured person or that he is a blue-eyed officer. My client is not the blue-eyed boy for anybody, instead, he has had to suffer because of injustice for 15 years by whoever was in the government. To suggest that he is favoured is really contrary to his record and what he had to go through since 2000 till 2016.”
