SC orders cadre review in all Central Armed Police Forces within 6 months

New Delhi: The Supreme Court on Friday directed cadre review, which was due in 2021, in all the Central Armed Police Forces (CAPFs), including ITBP, BSF, CRPF, CISF and SSB, to be carried out within six months.

A bench of Justices Abhay S Oka and Ujjal Bhuyan directed the Department of Personnel and Training to take an appropriate decision within three months of receipt of action taken report from the Ministry of Home Affairs regarding cadre review and review of existing service rules/recruitment rules.

The court's direction came on a batch of pleas seeking Non Functional Financial Upgradation, cadre review and restructuring and amendment of recruitment rules to eliminate IPS deputation.

"Keeping in mind the twin objectives of service mobility of the cadre officers of CAPF, removing stagnation on the one hand and the operational/functional requirement of the forces on the other hand, we are of the view that the number of posts earmarked for deputation in the cadres of the CAPFs up to the level of Senior Administrative Grade (SAG) should be progressively reduced over a period of time, say within an outer limit of two years.

"This will bring in a sense of participation of the cadre officers belonging to the CAPFs in the decision-making process within the administrative framework of the CAPFs thereby removing the long-standing grievances of the cadre officers," the bench said.

The court said the role of CAPFs is crucial for maintaining security at the borders of the country as well as for discharging internal security duties.

There are various issues connected with the deployment of CAPFs, including coordinating with the state governments and the state police force, it said.

The court said the Centre has taken the view that presence of IPS officers in each of the CAPFs is vital to maintain the character of each of them as a unique central armed force.

"This is a policy decision. Of course, individual officers belonging to the IPS or the association of IPS officers cannot have a say as to how much the deputation quota should be and how long the deputation should continue. They are there on deputation by virtue of the policy decision of the central government manifest through the service rules/recruitment rules of the CAPFs.

"Having said that, we cannot also be oblivious of the grievance expressed by officers of the CAPFs as highlighted supra. Their dedicated service upholding the security integrity and sovereignty of the nation while safeguarding our borders and maintaining internal security within the country cannot be ignored or overlooked," the bench said.

Noting that CAPFs discharge their duties under very demanding conditions, the court said they have a grievance that because of lateral entry into the higher grades of the respective CAPFs, they are unable to get timely promotion.

"Consequently, there is a great deal of stagnation. Such stagnation can adversely impact the morale of the forces. This also needs to be factored in while considering review of such policy decision," the bench said.