In a relief to senior IPS officer Sanjay Pandey, the Bombay high court recently directed the government to keep one post of additional director general of police (ADGP) rank vacant till further orders.
A division bench of justices Naresh H Patil and BP Colabawala gave these directions while hearing a petition filed by Pandey challenging the order of the Central Administrative Tribunal (CAT), which held that he would be eligible for promotion to the post of ADGP, provided he is posted as special inspector general of police first.
The petition claimed that the government had falsely and arbitrarily not implemented an earlier order of CAT directing him to be promoted as Special IG, and the Department Promotions Committee's decision to not consider him for promotion as ADGP at a meeting held on February 14, stating it would be double promotion for him, was incorrect.
Government pleader AB Vagyani placed on record a communication made by deputy secretary, home department, Kailas V Bilonikar dated October 13 that on direction from the state government, a post was being kept vacant till this matter is decided.
The communication stated, "Out of three vacancies available on October 1, in the rank of 'additional director general of police' one post will be kept vacant, till the reply from ministry of home affairs is received and a final decision will be taken in case of Pandey. However, the remaining two vacancies will be filled up with approval of the government (sic)."
Counsel for Pandey, Gunratan Sadavarte, claimed that the government wanted to finish his career, and that is why he was not given any posting despite an order from the CAT. They said the state deliberately did not post him, and since April 2007, the IPS officer had not been paid his salary and was kept on compulsory wait. The matter will be heard on November 10.
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