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Senior cop to move Bombay High Court against government for ‘delaying promotion’

The GR had meant that ADGP Pandey’s promotion to the rank of the Director General of Police (DGP), which was scheduled in January next year, would be delayed by two years and eight months.

Mumbai police, Bombay high court, Police promotion, Mumbai, news, latest news, India news, national news ADGP Sanjay Pandey is the second senior IPS officer at loggerheads with the state over the status of his promotion. (representative image; PTI)

Additional Director General of Police (ADGP), State Home Guards, Sanjay Pandey, is planning to move the Bombay High Court against a Government Resolution (GR) by the State Home Department last month, which delays his promotion. The GR states that a period of almost three years ,when the officer had quit the force and joined a private firm, be treated as ‘dies non’. The term “dies non” means a day which cannot be treated as duty for any purpose. It does not constitute a break in service. But the period treated as dies non does not qualify as service for pensionary benefits or increment. The GR had meant that Pandey’s promotion to the rank of the Director General of Police (DGP), which was scheduled in January next year, would be delayed by two years and eight months.

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Pandey is the second senior IPS officer at loggerheads with the state over the status of his promotion. Last month, another senior officer, K L Bishnoi, had written a letter to the home department seeking promotion as DGP. A official close to Pandey said that the state in 2007 had issued an order regularising the period when he was on a break.

“The 2007 order was subject to an enquiry. This enquiry was conducted and Pandey was reprimanded, giving finality to the order of 2007. His previous promotions as DIG in 2011 and later as IG have been done as per his batch. Only in this order, the government decided to reverse their own order of 2007, thereby delaying his next promotion by 2 years 8 months (sic),” a source told The Indian Express. The GR, a copy of which is with The Indian Express, states that it has revoked its earlier decision of regularising the period.

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“On the basis of the opinion given by the GAD and Central government, the order regularising the period from April, 2000 till June, 30,2002 as extraordinary leave and period from July, 2002 till September, 25, 2006 considered as duty period needed to be modified and on this basis the issue of deciding the deemed date for the post of Additional Director General of Police is under consideration of the government,” the GR issued by the State Home Department further reads.

“Cancellation of government’s own decision of 2007 after lapse of 10 years when I am on the verge of my last promotion is unprecedented, partisan and unjust to say the least. I had tried to meet KP Bakshi (Addl CS (Home)) in this regard but he was too busy. At this stage, I have no option but to seek justice from the courts”, Pandey said. Bakshi was unavailable for comment.

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UPDATE: When contacted Bakshi said that the GR has been issued as per the rules. “This is the rule He was away for several years and had taken up a private job. Thereafter he rejoined the service after fighting his case in CAT and courts which is very unusual in All India Service. If this is allowed everybody would like to leave AIS and join private service and again join AIS. Govt of India instructions were received regarding how to promote him.We always follow GoI guidelines. State Home dept never violates MHA and DoPT guidelines,” he said.

First uploaded on: 21-11-2016 at 02:43 IST
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