Uttarakhand High Court Upholds Centre's Deputation Order for IPS Officers
The Uttarakhand High Court has dismissed a petition filed by two senior Indian Police Service (IPS) officers challenging their deputation as Deputy Inspector General (DIG) by the Union Ministry of Home Affairs. A division bench comprising Chief Justice Manoj Kumar Gupta and Justice Subhash Upadhyay disposed of the petition on Monday, upholding the central government's order and directing the officers to approach the Central Administrative Tribunal (CAT) for any further grievances.
Court Directs Officers to Approach Administrative Tribunal
During the hearing, the central government presented a strong argument that IPS officers are fundamentally employees of the Centre who are deployed to states for service. The government contended that these officers can be recalled on deputation whenever required by the Centre, and any disputes related to such service matters fall exclusively within the jurisdiction of the CAT.
The government further submitted that the officers had bypassed the appropriate tribunal by directly approaching the High Court, which was contrary to established service rules. This procedural irregularity rendered their petition not maintainable before the High Court, according to the government's submission.
Officers' Argument About Demotion
The petitioners, IPS officers Neeru Garg and Arun Mohan Joshi, argued that their current positions as Inspector General (IG) in Uttarakhand made their deputation to DIG-level posts effectively amount to a demotion. They contended that this represented a reduction in their rank and responsibilities, which they found unacceptable.
According to case records, Neeru Garg is a 2005-batch officer who was serving as Inspector General (Fire Services) in Uttarakhand before being appointed as DIG in the Indo-Tibetan Border Police (ITBP). Arun Mohan Joshi is a 2006-batch officer who was serving as IG (CID) in Uttarakhand before being appointed as DIG in the Border Security Force (BSF).
Background of the Appointments
The Ministry of Home Affairs made both appointments through an order dated March 5. Subsequently, the Uttarakhand government issued a directive on March 6, relieving the officers from their state duties. It was this sequence of events that prompted the officers to challenge the deputation before the Uttarakhand High Court.
The court's decision reinforces the principle that service-related disputes for central government employees, including IPS officers, should first be addressed through the appropriate administrative tribunal rather than directly through the High Court. This maintains the hierarchical structure of dispute resolution mechanisms established for government service matters.
The ruling also affirms the central government's authority to deploy IPS officers on deputation as needed, regardless of their current state postings. This is particularly significant for border security forces like ITBP and BSF, which require experienced officers for critical positions.
