Chandigarh: A two-member bench of the Central Administrative Tribunal (CAT) Friday quashed the appointment of Dinkar Gupta as Punjab director general of police (DGP), saying the “selection process” had been “defeated with impunity”.
The CAT bench, headed by chairman Justice L. Narasimha Reddy, held that the entire process followed in Gupta’s appointment went against provisions outlined by the Supreme Court.
“The selection process, which was galvanised, has been virtually ignored and defeated with impunity. A device procedure was evolved to choose the selection criteria in such a way that the desired candidates are selected. This exactly was the malady, which the Hon’ble Supreme Court wanted to eradicate,” the tribunal observed.
Gupta, a 1987-batch officer, was appointed DGP by the state government in February last year after his name was shortlisted by the Union Public Service Commission (UPSC). He superseded five senior officers.
Two of them, Mohammad Mustafa of the 1985 batch, and Siddharth Chattopadhyaya of the 1986 batch, subsequently moved the CAT to challenge Gupta’s appointment. The CAT handles disputes and complaints regarding recruitment and service conditions of government employees.
Punjab has multiple DGPs and Gupta has been appointed as head of the police force. While Mustafa is currently posted in Punjab as DGP, human rights, Chattopadhyaya is the DGP for the Punjab State Power Corporation Ltd.
Also read: It’s DGP vs DGPs in Punjab as top cop names two others in ‘drug racket’ investigation
Punjab govt asked to send names of 3 senior officers to UPSC
Rejecting the criteria adopted by the Punjab government in choosing Gupta as DGP, the CAT asked the state to send the names of three senior-most officers to the UPSC for the appointment of a new candidate. The names, it said, should be “strictly in accordance with the judgment of Hon’ble Supreme Court”.
Both the UPSC and the Punjab government have been directed to complete this exercise in four weeks.
‘Can’t be a better instance of favouritism than this’
The tribunal said the Punjab government tailored the criteria to match Gupta’s “core” areas of expertise — intelligence, law and order, administration, investigation and security.
“The easiest way for a state government to ensure… an officer of its choice and who is pliable as DGP, would be to continuously post him in any specific activity, howsoever inconsequential it may be, and then to make an effort to accord primacy to such activity in the process of selection,” the bench observed.
“There cannot be a better instance of arbitrariness and favouritism than this. The selection process would stand reduced to a mockery. Any aspiring officer would make endeavours in ensuring that he remains in the good books of administration and he is posted continuously in a particular activity.”
The CAT order added, “It is just un-understandable as to how the 4th respondent (empanelment committee of the Punjab government) felt free to adopt its own criteria when the entire exercise was circumscribed by the judgment and subsequent orders passed by the Hon’ble Supreme Court.”
Govt to challenge CAT order
The matter came up for discussion in the Punjab assembly Friday — the second and last day of a special session convened this week.
Chief Minister Captain Amarinder Singh told the House that Gupta will continue as DGP. The state government also said it would challenge the CAT order in the high court. “We will file an appeal against the order next week,” Punjab Home Secretary Satish Chandra told ThePrint.
When contacted, Punjab Advocate General Atul Nanda told ThePrint he had advised the government to challenge the CAT order in the HC.
Also read: Top-heavy Punjab Police sets a new record, has 12 DGPs instead of sanctioned 2
Actually ethics, professionalism, decorum, discipline, rules, regulations, etc. framed & taught in rulebooks and courses of IAS & IPS training academies does not apply during services due to certain unethical, biased and corrupt politicians. Every government official is a puppet in the hands of such unethical and corrupt politicians. Merits, rules and ethics are actually ignored and sidelined against biasedness and discretionary practice of such politicians. It is tough to clear UPSC Examination, pass interview and clear training but after joining, it is very easy to be targetted and play like puppets in the hands of certain unethical corrupt politicians. All ethics, rules, regulations, discipline, decorum are left behind in rules books and academies of IAS, IPS cadres. Actually government officers have realised and understood one thing – to survive peacefull during services and achieve full pension, it is very important to do and perform as psr discretion and orders of politicians ruling a particular State Government. It happens only in India…
Its Very Interesting To Note That Capt Singh Carrot Picks Issues That Suit His Two Faced Agenda By Instructing This Pathetic Advocate Gen Nanda To Appeal The Cat Judgement,Its No Wonder That ManY are openly Saying this Congress Cm Is Hand In glove With The Corrupt Badal Family. Gupta Dinkar While a Good Officer Was also Holding Plum Postings Under The Previous Corrupt Coalition Of The Badal/Bjp Which Brings Him Under The radar He and Former Police Chief Arora Suresh Are known To Have Given Patronage To Corrupt police Officers involved In criminal Practices and went Out Of His Way To make Sure Who The Next Dgp Would Be because He Had Vested interests In It. Four Very Senior Upright officers Mr Goel, Mr mustafa, mr Jasminder Singh and Mr Siddarth Chattopadyaya Who Have During There Careers More Than Proved There Mettle Were Overlooked.
Who is not a “pliable” officer – – Rawat, Narawane, or the host of others?