Haryana examines ‘legality’ of promotions of IPS officers


Amid questions raised over the promotion of six IPS officers of the 1994 batch in 2018, the Haryana government has now initiated a process to examine its “legal aspects” apart from looking at the promotions of several other IPS officers as well.

Officers who know about the matter have said that the government is now “legally examining” the promotion of IPS officers from the 1994, 1996, 2001, 2003 and 2004 batches done in the past several years. Sources further said the state home department is consulting the issue with top officers of the police department too.

In an official letter to DGP PK Agrawal Monday, state additional chief secretary Rajeev Arora said: “You are requested to direct concerned officers/official to visit in the office of Deputy District Attorney/home department for discussion regarding promotion of various cadres i.e. 1994, 1996, 2003, 2004 batches etc within two days.”
However, a senior officer of the state government told The Indian Express that the promotions were done as per the rules and with prior approval of the Chief Minister and Home Minister.

As per rules, the pay and promotion of the IPS officers come under the jurisdiction of the state governments.

However, being the cadre controlling authority of IPS officers, the Union Home Ministry (MHA) had issued promotion guidelines for IPS officers of all state cadres “to establish a uniform procedure for promotion of IPS officers in different grades throughout the country”. According to the ministry officials, “the state governments are bound to implement the orders/guidelines issued by the MHA”.

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In 2018, the state government promoted six IGP level officers to the rank of ADGP. However, the Union Home Ministry had then pointed out that “as per the promotion guidelines, IPS officers of 1994 batch are not eligible for the promotion to the grade of ADGP in 2018” adding “they are eligible for the promotion to the grade of ADGP with effect from January 1, 2019”.

Then, the Union Home Ministry had also asked the state government to “clarify the circumstances under which 1994 batch IPS officers have been promoted to the grade of ADGP”. In a subsequent letter in 2019 too, the Union Home Ministry had asked the state government to “examine the matter and clarify the circumstances under which 1994 batch IPS officers have been promoted to the grade of ADGP”.

Like the promotions of 1994 batch IPS officers, sources say, the recent promotion of four IPS officers of the 1996 batch is also being examined. These officers were promoted from IGP rank to ADGP rank this year. It is alleged that the promotions were done despite the “non-availability of vacancies”. According to an official, the MHA guidelines for promotions issued in 2010 clearly mention that “the zone of consideration of officers for promotion to the grade of ADGP would be officers who have put in 25 years of service, depending upon the availability of posts”. However, an officer of the state government claimed the state can create particular posts for a specific period and no rule was violated in promotions of IPS officers.

The third issue relates to the promotions of a few IPS officers in 2015, 2017 and 2018 with “immediate effect” while promotions of several other officers were done with “retrospective effect”. The officers who have been promoted with “immediate effect” insist that they should have also been promoted with “retrospective effect” so that they also get benefits of seniority and perks like others.





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