Supreme Court directs reduction in IPS postings at CAPFs to boost morale of cadre officers

New Delhi: In a landmark order, the Supreme Court has directed that the deputation of IPS officers up to the inspector general rank in the CAPFs should be "progressively reduced" over two years to give more opportunities to cadre officers.

Pronouncing the order on May 23, a bench of Justice Abhay S Oka (since retired) and Justice Ujjal Bhuyan observed that delayed promotions of cadre officers in Central Armed Police Forces (CAPFs) can "adversely" impact morale.

The much-delayed cadre review of these CAPFs, stayed by the top court in 2020, should be carried out in six months, the Supreme Court bench also said while disposing of multiple grievance petitions filed by officers of these organisations.

The five central police forces -- CRPF, BSF, CISF, ITBP and SSB -- commanded by the Union Home Ministry are deployed for a variety of law-and-order duties, internal security jobs like border guarding, countering terrorism and insurgency and conducting elections.

The petitioners, initially about 18,000 officers of these forces, filed applications beginning in 2009, seeking a cadre review by the home ministry by treating each one of them as Organised Group A Service (OGAS) so that their issues related to delay in timely promotions leading to stagnation across various ranks for years altogether can be resolved.

The apex court said it was "abundantly clear" that CAPFs have been treated as OGAS for cadre issues and all other related matters. When CAPFs have been declared as OGAS, all benefits available to OGAS should naturally flow to the CAPFs, the SC said, adding it cannot be that they are granted one benefit and denied the other.

According to the petitioners, because Indian Police Service (IPS) officers were occupying posts up to the senior administrative grade (IG rank), their promotional prospects were being "hampered" leading to stagnation in the service hierarchy, the order noted.

The SC bench ordered: "Let the cadre review in all CAPFs which was due in the year 2021 be carried out within a period of six months from today." "Keeping in mind the twin objectives of service mobility of the cadre officers of CAPF thereby 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," it said.

The court said the move would 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." Presently, 50 per cent of posts at the IG level in these forces are reserved for IPS officers, while about 15 per cent of deputy inspector general (DIG)-rank posts are kept for officers in deputation from the all-India service apart from those from the Army (5 per cent).

The home ministry opposed the CAPF cadre officers' plea, saying IPS officers were an "important" part of the hierarchy.

Since these forces are deployed in various states, IPS officers were "essential" for the effective operation of CAPFs, facilitating cooperation with the state governments concerned and their respective police forces, thus preserving the federal structure, the ministry said through its counsel.

It said IPS being an all-India service, both in respect of the Union and the states... plays a "crucial" role while coordinating between the Central and state governments.

The SC agreed that IPS officers were on deputation to these forces by virtue of the policy decision of the Central government, but said it "cannot also be oblivious of the grievance expressed by officers of the CAPFs".

"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 apex court said.

The CAPF officers discharge their duties under "very demanding" conditions and they have a grievance that because of lateral entry into the higher grades of the respective CAPFs, they are unable to get their timely promotion, it said.

"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 (deputation of IPS officers) policy decision." According to officials, a cadre officer who joins these forces at the entry-level rank of Assistant Commandant faces a delay of about six to seven years for his promotion to the next rank of Deputy Commandant.

Similarly, cadre officers are facing a delay of 7-10 years in reaching the rank of Commandant (Commanding Officer), equivalent to a Colonel rank in the army and the senior superintendent in the police, they revealed.

Records show that there are about 12,000 serving cadre officers in these CAPFs.