HC grants conditional relief to IPS officer in central deputation row
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Cuttack: Orissa high court on Friday provided conditional relief to senior IPS officer Satish Kumar Ishwardas Gajbhiye, who challenged his central deputation order that would have demoted him from inspector general (IG) to deputy IG.
The vacation bench of Justices A K Mohapatra and M S Raman directed Gajbhiye to approach the Central Administrative Tribunal (CAT) within 10 days with a certified copy of the HC order. The bench also mandated CAT to deliver its final decision within 10 days of filing.
The controversy arose when the ministry of home affairs on Dec 6 last year ordered Gajbhiye's appointment as DIG in CRPF, a rank below his current position of IG (communications) in Cuttack.
State govt subsequently issued a notification on Dec 12, confirming his deputation.
Gajbhiye approached the HC after CAT failed to pronounce its judgment within the stipulated three weeks following the May 9 hearing. Senior advocate Subir Palit, representing Gajbhiye, cited the CAT (Practice) Rules, 1993, which mandate judgment delivery within three weeks of reservation.
In his petition, Gajbhiye argued that his demotion would place him under officers junior to him, including those from the 2006 regular recruitment batch currently serving as IGs in the Union govt.
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He emphasised that while pay protection might be available, it cannot justify posting at a lower rank, affecting dignity, facilities and command responsibilities.
The court's order also specified that if Gajbhiye approaches either the Union or state govt seeking a post matching his seniority and rank, authorities must consider it independently and respond within 10 days, following existing rules.
Deputy solicitor general Prasanna Kumar Parhi and additional govt advocate U C Behera had objected to the petition, arguing that the matter should have been first raised before the tribunal.
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