After nearly 10 years, the Maharashtra government appears to have woken up from its slumber to deny its own order of 2007. The cancellation of the government's own decision of 2007 after a lapse of 10 years comes at a time when an IPS officer is on the verge of his final promotion to the rank of Director-General of Police (DGP).
Additional Director-General of Police (ADGP), State Home Guard, Sanjay Pandey quit the police force and had taken up a private job. In government parlance, this is called 'dies non', which means that the job record cannot be treated as 'duty' for any purpose. But the same period was considered for Pandey to be promoted to Deputy Inspector-General (DIG) and Inspector-General in 2011. After being regularly humiliated by the government, Pandey is planning to move the High Court against the Government Resolution (GR) by the home department dated 29 October, 2016 that says that his service of two years and eight months is not being considered by the state government.
Pandey is 1986 batch IPS officer, known for being clean. During his tenure, he exposed the shoe scam among other scams. Pandey is the senior-most IPS officer after Home Guard director-general Rakesh Maria retires from service on 31 January, 2017 . And so, to avoid appointing Pandey to the post in February 2017, the home department issued a GR saying that his extraordinary leave (12 April, 2000 to 30 June, 2002) is treated as 'dies non'. So Pandey’s DG promotion will be delayed by over a year. If Pandey loses the post of DG, then 1987 and 1988 batch IPS officer will be the beneficiaries.
Pandey resigned from service on 12 April, 2000. But, the government did not accept his resignation. And it was until 30 June, 2002 that he was on extraordinary leave. But when Pandey rejoined the service in 2011, the state government sanctioned Pandey 'two years and eight months' leave as extraordinary leave, sources told Firstpost. On that sanctioned leave, Pandey would get the DIG and IG promotions along with his batchmates in 2011. But now, the government has revoked its 10-year-old decision, effectively denying Pandey his promotion.
A copy of the GR is with Firstpost and it clearly indicates that the earlier decision of a regularising period has been revoked. "The GR of 29 October is full of many mistakes — relating to dates and the overlapping of dates. This makes it seem like the GR was issued in a hurry to stop Pandey’s promotion which in February 2017 after Maria retires," a senior official told Firstpost.
As per the guidelines of the GAD and Central government, the GR said that the period between 12 April, 2000 to 30 June, 2002 was being treated as extraordinary leave and July 2002 to 25 September, 2006 was considered duty period. While the state government maintains that its actions are as per advice from the Centre, the fact is that the Central government has no locus standi in the matter of promotion and leave rules are governed by the state.
When contacted, Additional Chief Secretary (Home) KP Bakshi, he said:
"This is the rule. He was away for several years and had taken up a private job. Thereafter, he rejoined the service after fighting his case in CAT and courts which is very unusual in All India Service. If this is allowed everybody would like to leave AIS and join private service and again join AIS. Govt of India instructions were received regarding how to promote him.We always follow GoI guidelines. State Home dept never violates MHA and DoPT guidelines."
Since Pandey rejoined the force in 2011, he was being repeatedly sidelined for promotions. Within five years of his reinstatement, he was transferred four times before he complete his tenure of three years, said his batch mate of condition of anonymity. Pandey will retired in 2022. So after current DG Satish Mathur retires in 2018, Pandey will be the senior-most officer in line to be DGP. "If everything goes as per seniority, Pandey will be getting more than four years as DGP," he added.
When Firstpost contacted Pandey, he refused to comment, only saying, "That matter is in court. I have full faith in the judiciary. That’s all."
Ex IPS officer and lawyer YP Singh told Firstpost that the GR is ridiculous. "How can they cancel Pandey’s leave after 10 years? It's totally unfair and sets the wrong precedent. Why was he promoted to DIG and IG with that same leave period? Is this the real face of the Devendra Fadnavis government?" asked Singh.
Published Date: Nov 21, 2016 07:36 pm | Updated Date: Nov 22, 2016 10:11 am