HC extends stay on repatriation of 8 DANIPS-cadre DSPs

Tribune News Service

Chandigarh, February 14

The Punjab and Haryana High Court today extended till March 27 the stay on repatriation orders of eight DSPs of the Delhi, Andaman and Nicobar Islands Police Services (DANIPS) cadre. They were transferred out of the city on December 21.

The directions by the Division Bench of Justice Mahesh Grover and Justice Rajbir Sehrawat came during the hearing of an ongoing petition filed by the Chandigarh Administration through its Home Secretary against the Central Administrative Tribunal (CAT) and other respondents.

The matter has its genesis in an order passed by the tribunal in April last. Allowing an application, CAT had held that, as a consequence, another order dated July 29, 2016, and any other subsequent transfer order regarding the appointment of DANIPS officers to the posts of DSPs in Chandigarh, was set aside.

At the same time, the respondents were also directed to consider the case of applicants and other similarly situated persons for promotion to the next post of DSP, if they were otherwise found eligible within two months from receiving a certified copy of the order.

In its application, the UT asserted that the Union Ministry of Home Affairs, during the pendency of a writ petition filed by it, passed an order on December 21 last, repatriating all DANIPS officers posted in the UT as a consequence of the impugned judgment dated April 26, 2017.

The bench was told that the eight DANIPS officers had not been relieved. At the same time, DPC had been held for three available vacancies. The respondent-police officers, too, had been considered for promotion subject to the outcome of the present petition.

“If all DANIPS officers are repatriated instantly, it will have a grave and serious effect on the overall law enforcement in the city and such consequences will not be in the larger interest of the UT Administration as well as the citizens. Losing eight out of the existing 17 DSPs will deplete the police force dramatically and adversely affect its working,” it was added.

UT ADmn’s petition against CAT order

The directions by the Division Bench of Justice Mahesh Grover and Justice Rajbir Sehrawat came during the hearing of an ongoing petition filed by the Chandigarh Administration through its Home Secretary against the Central Administrative Tribunal (CAT) and other respondents.