Blow to Bidari, HC dismisses petition

A Division Bench comprising Justices K L Manjunath and H S Kempanna upheld the April 21, 2011, CAT order which had directed that only a certain category of officers be recommended by the Union Public Service Commission (UPSC) for empanelment for the post of DGP.

The Bench reasoned that Bidari’s name could not be considered for the top post as he did not fall in the Higher Administrative Grade (HAG) Plus category pay scale of Rs 75,500-80,000 plus three percent increment.

The criterion was prescribed by the 2008 amended Indian Police pay rule and the 1999 guidelines of the Union Government. Bidari falls in the Rs 67,000 pay scale.

The Court acknowledged Bidari’s meritorious service record but refused to buy his theory that all IPS officers who had put in 30 years of service be considered for the DGP’s post.

Bidari had contended that pay rules should not be taken into account for the top post, as enunciated by the Supreme Court in the Prakash Singh case. The Bench, however, disagreed. It said that the apex court ruling did not specify that pay rules should not be considered at all.

The court also referred to a ruling by the Madras High Court in a similar case directing the UPSC to consider the names of only those candidates who fulfil the criteria including the pay scale category. It stated that UPSC should follow uniform standard in all states to fill up such a post.

Bidari, who is now the Additional Director General of Police (ADGP), had challenged a ruling of CAT passed on an application filed by DG Home Guards and Fire and Emergency Services, D V Guruprasad.