6 officers to be promoted to IPS

6 officers to be promoted to IPS

The State govt which challenged their promotion suffers a setback

The officers who had approached the CAT were S R Phanindra Singh (Additional SP, Chamarajnagar), B S Marthurkar (Additional SP, Bidar), Krishnam Raju (DCP Crime, Bangalore City), M D Basavannanavar (STF-Enforcement Cell, Bangalore), G M Yatnur (SP Intelligence, Gulbarga) and Basavaraj Malagatti (DCP-L&O, Mysore).

Interim order

The interim order of the CAT came on October 28. The State Department of Home constitutes a committee to select officers for promotion as IPS officers every January.

The panel usually recommends the names for promotion in November for being forwarded to the Union Public Service Commission and Ministry of Home Affairs. The records and documents are screened, followed by a notification including names of eligible officers in All India Service list.

According to Clause 5(3) of the All India Services Appointment by Promotion, a police officer who has put in more than eight years of service as Deputy Superintendent of Police and has not completed 54 years of age is eligible for promotion as IPS officer.
The same guideline holds good for KAS officers as well for promotion as IAS officers. A few KAS officers moved the CAT in 2009 requesting to strike off the age bar or consider those officers who are above 54 years of age.

SC upholds CAT order

The CAT upheld their contention and directed the State government to promote them. However, the State government challenged the order, claiming that it can’t be implemented as certain rules need modification.

The government managed to get a stay on the CAT order. But, the KAS officers moved the Supreme Court against the High Court stay. The apex court upheld the CAT order.
The six police officers moved the CAT in 2009 following the example of the KAS officers and subsequent CAT order.

They contended that KAS and KSPS are two faces of the same coin and the age limit of 54 years for promotion to IPS be overlooked. The CAT reserved the judgement after hearing the case.

The officers recently approached the CAT requesting for immediate relief. The CAT passed the interim order on October 28 directing the State government the officers who have put in more than eight years of service as deputy superintendent of police can be considered for promotion irrespective of whether they have crossed the age of 54.

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