Punjab IPS officer VK Bhawra challenges Gaurav Yadav’s appointment as DGP

Tribune News Service

Ramkrishan Upadhyay

Chandigarh, October 29

Punjab’s senior IPS officer V.K. Bhawrahas challenged an appointment of Gaurav Yadav as Director General of Punjab Police before Chandigarh bench of Central Administrative Tribunal Chandigarh.

The application of Bhawra is listed for hearing on October 30 before the Tribunal.

In the application Bhawra said he is a 1987-batch IPS officer. He has unblemished service records of more than 35 years and is one of the few officers in the entire state who has completely clean service records.

His name has been recommended twice in the years 2020 and 2022 in the panel of 3 officers for Head of Police Force (HoPF) by the Union Public Service Commission. The Supreme Court of India vide its judgment and order dated September 22, 2006 in Prakash Singh and others Vs. Union of India and others case laid down procedure regarding the appointment of DGPs in various States across the country. The judgment was not being followed or implemented in the letter and spirit by different State Governments.

The apex court vide its order dated July 2018 issued directions to all State Governments to send their proposals in anticipation of the vacancies to the Union Public Service Commission well within time at least three months prior to the date of retirement of the incumbent on the post of Director General of Police.

The Union Public Service Commission shall prepare a panel as per the directions contained in the judgment in Prakash Singh’s case and intimate to the respective States.

The State Government moved an application in Prakash Singh’s case praying that that the State be permitted to appoint its DGP in view of the amendment in the Act and be exempted from the order dated July 30, 2018. At the same time, since the proceedings in Prakash Singh’s case were pending before the Supreme Court, an extension was granted to the previous Punjab DGP, who was holding the post and by such time tenure was expiring on December 31, 2018.

The apex court on January 16, 2019 notwithstanding the amendment as done by the State of Punjab in section 6 of the Punjab Police Act, 2007, dismissed the application filed by the State of Punjab praying for appointment of their DGP without fulfilling the conditions enumerated in Prakash Singh’s case.

Later, he was appointed as DGP for a minimum period of two years.

When the new incumbent state government after elections took charge, the applicant was pressurised to relinquish charge of the post of DGP and it was perceived that he was appointee of previous government. But the same is absolutely baseless as such he was employed in pursuance to valid process conducted none else than the UPSC. In fact, immediately on taking over the charge he was being asked to partake in various illegal acts which included but were not limited to register to cases against various public figures, granting of security of the contingent of Punjab Police outside the State to various dignitaries and various other coercive measures.

Under the circumstances, as mentioned here in above and that respondents were constantly putting pressure on the applicant and threatening disciplinary action, he requested for leave for a period of 60 days in the month of July 2022, almost six months after taking the charge of the post of DGP.

When he left for sanctioned leave, respondent no.4. Gaurav Yadav was given additional charge of the post of DGP in addition to his duties during the leave period of the applicant. He said the earned leave of the applicant was going to expire on September 2, 2022 and he was to join back on September 5, 2022. However, shockingly on September 2, 2022 itself, on the date when the leave was to expire, in a completely “illegal manner in total contravention to the provisions of the Punjab Police Act, 2007 as well as the directions given by the Supreme Court in Prakash Singh and others the respondents passed an order dated September 2, 2022 whereby the applicant was transferred from his present posting as DGP to that of Chairman Punjab Police Housing Corporation SAS Nagar”.

Bhawra said the order dated September 2, 2022 cannot be sustained in the eyes of law as the same is a completely illegal order being passed in contravention of the provisions of the Punjab Police Act 2007 as also the directions given by the Supreme Court.

He prayed before the Tribunal to reinstate him as DGP keeping in view of recommendation of the UPSC and the order dated January 08, 2022 appointing him as DGP for minimum period of two years and further restraining the respondents from appointing or giving additional charge of the post of DGP to any other officer till such time he completes actual two years of service.

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