HC notice to Haryana on plea seeking directions to declare posts occupied by 31 IPS officers as unauthorised

Chandigarh, May 9

The Punjab and Haryana High Court has issued notice of motion to the State of Haryana on a petition seeking directions to declare the posts occupied by 31 IPS officers in Haryana Police as unauthorised.

The Bench of Justice Vinod S Bhardwaj also fixed the case for further hearing on September 14.

Petitioner Aarti, through counsels Pardeep Solath, Satbir Mor and Sarveesha Sharma, argued that the posts occupied by 31 IPS officers in Haryana Police was in utter disregard to the Indian Police Service (Cadre) Rules, 1954 and Indian Police Service (Fixation of Cadre Strength) Amendment Regulation, 2017, as per which these posts were in excess of the sanctioned strength of 19 ex-cadre posts for IPS officers in Haryana Police.

The petitioner also prayed for quashing the posting orders of the 31 IPS officers who are at the ranks of ADGP, IGP, DIG, SP, DCP, ADC, in the respective public posts as being unauthorized.

Directions were also sought for restraining the Finance Department from bearing the expenses of office expenditure from these extra posts created without the approval or consent of the Finance Department and MHA, Government of India.

The petitioners counsel contended that as per the instructions issued by Finance Department, Haryana, from time to time, before creating any ex-cadre post, a specific permission from the Finance Department has to be taken so as to meet out the financial implications and the salary has to be given online through Treasury Department Haryana, heads for each post to be created.

The petitioner stated that there is no dispute with regard to the jurisdiction of the State to create an ex-cadre post; however, the said powers are limited to the cap imposed by the Ministry of Home Affairs, Government of India under Indian Police Service (Fixation of Cadre Strength) Amendment Regulation, 2017 as well as The Indian Police Service (Cadre) Rules, 1954. Therefore, total ex-cadre post can be maximum 19 which is the State Deputation Reserve (SDR), besides Training Reserve (TR), Leave Reserve and Junior Posts and that too with prior approval of Government of India.