RAVINDER JUGRAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) CLMA No.14865 of 2019 An application is filed, in IA No. 14865 of 2019, by Dr. T.C. Manjunath, Head of the SIT seeking modification of the earlier order passed by us in WP(PIL) No.228 of 2018 so as to permit the State Government to consider and post the deponent, an IPS Officer, to the post of Superintendent of Police, in the IPS Cadre, so that he is not deprived of his posting as a Superintendent of Police in the IPS Cadre, while continuing to discharge his duties as the Head of the SIT without his rank being affected.

(2.) In the affidavit, filed in support of the application, the deponent i.e. Dr. T.C. Manjunath states that, by its order dated 09.01.2019, this Court had stayed the transfer of the deponent, had direct the State Government not to change the constitution of the SIT, and had directed that the SIT, headed by Dr. T.C. Manjunath, should continue the enquiry and investigation; in compliance with the order of this Court dated 09.01.2019, the State Government had issued an Office Order on 11.01.2019 cancelling the earlier posting/transfer order dated 08.01.2019, and he was directed to take charge as Superintendent of Police (Traffic) in Haridwar; he had joined duty as the Superintendent of Police, (Traffic and Crime) Haridwar on 12.01.2019, and continues to discharge his duties both as the Superintendent of Police (Traffic and Crime), Hardiwar as well as the Head of the SIT; he is a direct recruit IPS Officer of the 2014 batch of the Uttarakhand Cadre; he was initially posted as a Superintendent of Police in the IPS Cadre till 31.12.2017; he was promoted to the rank of Superintendent of Police (Senior Scale) from 01.01.2018; after his promotion to the rank of Superintendent of Police (Senior Scale) he was posted as a Superintendent of Police (Traffic and Crime), Haridwar in January, 2018; the post of the Superintendent of Police (Traffic and Crimes), Haridwar is a post in the rank of Additional Superintendent of Police; it is also a post in the non-IPS Cadre (and is not earmarked for IPS Officers); he was posted as an Additional Superintendent of Police because of non-availability of a vacancy in an IPS Cadre post; he has been serving in the same post of Superintendent of Police (Traffic and Crime), Haridwar for more than one year though the said post is a non-IPS cadre post; on a vacancy having arisen on 08.01.2019, he was transferred as the Superintendent of Police, Chamoli District which is an IPS Cadre post; in the light of the order passed by this Court on 09.01.2019, the State Government had issued an Office Order on 11.01.2019 cancelling the earlier order of posting dated 08.01.2019; Officers, who were promoted after him in the year 2018 as Superintendents of Police, have now been posted as Superintendents of Police in different districts; they are all serving as full fledged Superintendents of Police in the IPS Cadre post; he is, however, stuck in the post of Additional Superintendent of Police despite being a full fledged Superintendent of Police while his juniors, who were promoted later, have been posted as Superintendent of Police in the districts.

(3.) Dr. T.C. Manjunath further states that, as a supervisory head of the SIT, he can supervise the on-going enquiry/ investigation from any other post also which is in accordance with his rank as that of Superintendent of Police. While assuring this Court that he would discharge his duties, as the head of the SIT, with utmost sincerity, he requests that the order dated 09.01.2019, passed in the present writ petition, be modified accordingly.