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Service Matter Issue of Chandigarh Police at CAT Chandigarh

Chandigarh Police CAT Lawyer

It is surprising that Chandigarh,  UT on its own don't have any policy for promotions of inspector rank to DSP of its own cadre.  

UT has 23 posts of DSPs of which 10 are filled by DANIPS cadre and remaining from within the UT police. 

The problem first arose in 2013 when city beautiful got its first DSP on deputation which was done to break monopoly of UT-CADRE cops. Prior to 2013, only UT cadre cops were considered to DSP's post.

Let's understand promotions first-
1 SP to DIG - Deputation of IPS rank officers from Punjab and Haryana High Court. 
2 IG to DGP- are filled by AGMUT cadre (Arunachal Pradesh , Goa, Mizoram and Union Territories ). 


 

The UT currently follows Punjab Police Service Rules. Purportedly DANIPS cadre seems to be strong and that's why 3 applicants eligible for promotions to DSP moved to CAT. Their contention is as per Punjab Police Rules, 80% seats amongst promotees while 20% are to be filled through direct recruitments.  

 In April, Central Administrative Tribunal,  CAT Chandigarh had directed UT to consider the case within a month of order for eligible applicants.  When UT failed to comply the orders,  contempt has been filed before CAT whereas the applicants of Original Application (OA) were eligible from February 15th, 2016. Compliance report of 8 officials to be transferred is yet to be awaited in CAT tribunal.

 Recently two names have been cleared on 23 Jan , 2017 by departmental promotion committee on basis of seniority. 

MHA (Ministry of Home Affairs ) on Monday has issued notice of relieving immediately 8 DANIPS-cadre  (Delhi, Andaman & Nicolas Island, Daman and Diu, and Dadra Nagar Haveli Police Service Cadre). The UT administration was quick in reaching to High Court and obtaining the stay. On Dec 21, 2017  also the orders of transfer to capital were made but till date no effect. 

The plea of Chandigarh Administration is law & order situation will worsen after the repatriation of 8 out of 17 DSPs which is half of the strength. Interest of general public at large would be affected, adds UT. 

The Punjab and Haryana High Court at Chandigarh has stayed transfers of 8 DANIPS till February 5th. The seniority dispute is also to be heard before CAT on February 16. 

Let's see how the story unfolds before High Court and CAT Chandigarh.  

For any advice related to service matters dial 9988817966 or write to satish@legalseva.net 

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