Chandigarh, May 23
In an unusual case, the Ministry of Home Affairs (MHA) has passed orders to demote a deputy inspector general (DGP) serving with the Indo-Tibetan Border Police Force (ITBP) and instead promoted another officer who was held guilty for corruption.
While the aggrieved officer, Kunwar Pal Singh, presently posted at Chandigarh as DIG (Operations and Training), North West Frontier, was promoted to Additional DIG (upgraded to DIG consequent to the Sixth Pay Commission) in October last year and granted the requisite pay scale and consequential benefits, the other officer, who was considered for promotion at the same time, was not approved as charges of financial and procedural irregularities were pending against him.
A communiqué issued by the home ministry to ITBP headquarters on May 14 stated that Kunwar Pal Singh was to be reverted to the rank of Commandant as the home ministry had approved the promotion of the other officer.
In a petition filed before the Punjab and Haryana High Court, Kunwar Pal has maintained that his reversion to a lower rank and lower pay-grade, without giving him an opportunity to be heard, is whimsical, arbitrary, illegal and detrimental to his rights and principles of natural justice.
Issuing notices to the MHA, ITBH chief and other respondents this week, the High Court has ordered that status quo be maintained in respect of Kunwar Pal’s rank till further directions.
The petitioner has contended that he was promoted after being found duly fit in all respects and the other officer was not promoted as he was being tried in “summary disposal” for commission of offences under Sections 33 (f) and 43 for intent to defraud and violation of good order and discipline, which could attract punishment up to 10 years.
Kunwar Pal has been performing the duties of DIG since October and has maintained that his entire career is without a blemish or adverse remark.
He claimed that the said development took place in the backdrop of the fact that in spite of being found guilty/partially-guilty of the said charges, the authorities concerned closed in a clandestine manner without carrying it to its logical conclusion. On extraneous considerations, the authorities recommended the issuance of an “advisory” to the other officer by the ITBP chief as an administrative measure.
