Case: D.C. Sagar, IPS Vs Union of India (UOI) and Ors.. Central Administrative Tribunal
| Judges | M.P. Singh, Vice Chairman and Madan Mohan, Member (J) |
| Issue | Service Law |
| Citation | 2007 (1) SLJ 217 (CAT) |
| Judgement Date | September 16, 2005 |
| Court | Central Administrative Tribunal |
Order:
M.P. Singh, Vice Chairman, (Jabalpur Bench)
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As the issue involved in both the aforementioned Original Applications is common, and the facts involved and grounds raised are identical, for the sake of convenience both the Original Applications are being decided by this common order.
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M.A. No. 498//2005, filed by the applicants in O.A. 526/2005 to permit them to prefer joint O.A., is considered and allowed.
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By filing O.A. No. 525/05, the applicant has sought the following main reliefs:
8.2. to quash the order dated 30.05.2005 in the interest of justice, the de-novo exercise of drawing up list of 30 IPS officers for inter state transfer being beyond the mandate of M.P. Re-organization Act, 2000. 8.3 to hold that the calculation of 43 DRs vacancies done by the Committee (constituted vide order dated 5.12.2003) is violative to Regulations of 2000, and may further be pleased to quash the miscalculation of vacancies in the interest of justice.
8.4. to direct the respondents to prepare separate list for SC & ST category, in the interest of justice.
8.5. to direct the respondents to prepare the roster on the basis of 41 DR posts for the State of CG, in the interest of justice.
8.6. to hold that the act of respondents in creating class within the class by using anomalous terminology of outsiders and insiders, is violative to Articles 14 & 16 of the Constitution of India.
8.7. to hold that the committee constituted vide order dated 5.12.2003 was not having powers, jurisdiction competence and authority to alter, change, reconsider or modify the Statutory Regulation i.e. Indian Police Service (Fixation of Cadre Strength) Fifth Amendment Regulations, 2000.
3.1 By filing O. A. No. 526/05, the applicants, five in number, have sought the following main reliefs:
8.2. to quash the order dated 30.5.2005 in the interest of justice, the de-novo exercise of drawing up list of 30 IPS officers for inter state transfer being beyond the mandate of M.P. Re-organization Act 2000.
8.3 to hold that the calculation of 43 DRs vacancies done by the Committee (constituted vide order dated 5.12.2003) is violative to Regulations of 2000, and may further be pleased to quash the miscalculation of vacancies and may further be pleased to quash the recommendations of Committee constituted vide order dated 5.12.2003 in the interest of justice.
8.4. to direct the respondents to prepare the roster on the basis of 41 DR posts for the State of CG based on U.C. Agarwal report and notification dated 21.10.2000, in the interest of justice.
8.5. to hold that the committee constituted vide order dated 5.12.2003 was not having powers, jurisdiction competence and authority to alter, change, reconsider or modify the Statutory Regulation i.e. Indian Police Service (Fixation of Cadre Strength) Fifth Amendment Regulations, 2000.
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For the sake of convenience, we have taken the facts from O.A. 525/2005 for deciding the aforesaid Original Applications. The applicant is a directly recruited Indian Police Service (for short 'IPS') Officer of 1992 batch. The State of Madhya Pradesh was bifurcated into two states - one - State of Madhya Pradesh and the other - State of Chhattisgarh w.e.f. 1.11.2000. For the purpose of distributing All India Services (for short 'AIS') Officers, the Government of India had formed a Committee named as U.C. Agarwal Committee. The said Committee was given following terms of reference:
(a) To recommend the initial strength and composition of the cadres of-
(i) The Indian Administrative Service
(ii) The Indian Police Service and
(iii) The Indian Forest Service.
for the States of Madhya Pradesh and Chhattisgarh in terms of the Section 67 (3) of the Madhya Pradesh Re-organisation Act, 2000 and
(b) To recommend as to which of the members of:
(iv) The Indian Administrative Service
(v) The Indian Police Service and
(vi) The Indian Forest Service.
borne on the cadre of the existing State of Madhya Pradesh should be allocated to the cadre of Chhattisgarh of the same service.
The U.C. Agarwal Committee submitted its recommendations for the initial strength and composition of the cadre on 9.10.2000 (Annexure-A-1). Based on the recommendations of fixation of cadre strength dated 9.10.2000, the Central Government issued a Notification dated 21.10.2000, by which IPS (fixation of Cadre Strength) Fifth Amendment Regulations, 2000 was published. As per this notification, the total authorized strength of IPS Officers of the State of Chhattisgarh was determined as 59. Out of 59 posts, 41 posts were to be filled by direct recruitment and 18 by promotion. The U.C. Agarwal Committee also submitted its recommendation regarding which of the members of IAS, IPS and IFS borne on the cadre of the existing State of Madhya Pradesh, should be allocated to the cadre of Chhattisgarh of the same Service and has given a methodology to be adopted for allocation of officers to the State of Chhattisgarh on 23.10.2000 (Annexure-A3). Following the recommendations of the U.C. Agarwal Committee, list of 59 officers was drawn and they were allocated to the State of Chhattisgarh. After issue of the notification, the allocation of the officers to the State of Chhattisgarh has practically attained finality. However, a few of the officers had filed O.As. Nos. 2421/2001 and 1660/2001 before the Principal Bench, New Delhi of this Tribunal with a specific dispute of "counting of two directly recruited OBC category IPS officers as general outsiders". The Principal Bench vide its order dated 5.2.2002 (Annexure-A-5) disposed of the aforesaid O.A. with the following directions.
The respondents to consider the cases of the applicants for re-allocation of IPS cadre in the light of what has been stated above and take an appropriate decision as early as possible and in any case within a period of three months from the date of receipt of a copy of this order, with intimation to the applicants.
Thereafter the Central Government issued show cause notice dated 2.4.2002 (Annexure-A-6) to 39 officers, who were short-listed by the Central Government in pursuance of the order of the Principal Bench of the Tribunal. The Central Government had constituted a Committee vide order dated 5.12.2003, (i) to consider replies received from the members of the Service to whom show cause notices dated 2.4.2002 were served by the Government of India and to make its recommendations to the Central Government thereon; and (ii) to make recommendations to the Central Government with regard to the IPS officers, whose cadre have to be changed from Madhya Pradesh to Chhattisgarh, and vice versa for rectification of inadvertent administrative error. The Committee instead of going into the terms of the reference has exceeded its jurisdiction and has altered the IPS (Fixation of Cadre Strength) Fifth Amendment Regulations, 2000 by which there was specific allocation of 59 posts to the State of Chhattisgarh, wherein 41 posts were allocated for direct recruitment. The Committee which was constituted to rectify the inadvertent administrative error failed to see apparent error of not making separate lists for SC and ST category, instead the Committee exceeded its jurisdiction and has gone beyond the notification dated 21.10.2000 which had statutory force. According to the applicant, the UC Agarwal Committee has specifically stated in its recommendations dated 23.10.2000 that "the number of insiders amongst DRs for the new State i.e. Chhattisgarh be determined on the normative basis of 33-1/3% of the DRs to be allocated to that State. Actual allocation of DR insiders will, however, depend on their availability in the existing Cadre of Madhya Pradesh", (Para II of Annexure-I of recommendations dated 23.10.2000) subject to ceiling of 33.3% of direct recruits. In fact, there was no direction by the...
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