Haryana

AGRAWAL CAN CONTINUE AS DGP TILL 15 AUG 2023 NOTWITHSTANDING HIS SUPERANNUATION FROM IPS SCHEDULED THIS MONTH ON 30 JUNE

June 03, 2023 05:54 PM

MHA'S REPLY TO RTI MENTIONS SC DIRECTIONS IN PRAKASH SINGH JUDGMENT THAT DGP TENURE IS MINIMUM 2 YEARS IRRESPECTIVE OF HIS DATE OF SUPERANNUATION 

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The incumbent Haryana's Director General of Police (DGP) i.e. Head of Police Force (HoPF) Prashant Kumar Agrawal, 1988 batch IPS can continue as such till 15 August 2023 notwithstanding his superannuation from IPS which is otherwise scheduled this month on 30 June. 

In a recent reply dated 30 May 2023 given by Union Ministry of Home Affairs (MHA) signed by Sanjeev Kumar, Under Secretary to Govt of India and CPIO of Police-1 Division in response to a RTI filed by Hemant Kumar, an Advocate at Punjab & Haryana High Court it has been mentioned that as per directions given by Hon'ble Supreme Court vide Order dated 22 Sep 2006 in Writ Petition (C) No. 310/2006 in the case of Prakash Singh Vs Union of India and others, DGP (HoPF) should have a minimum tenure of at least two years irrespective of his date of superannuation. 

Last month on May 16, Hemant filed a RTI with Cabinet Secretariat, Govt of India

seeking the complete information as available with the Appointments Committee of the Cabinet (ACC) under Department of Personnel and Training (DoPT), Union Ministry of Personnel, Training and Pensions pertaining to grant of extension in service, if any, to 1988 batch IPS Haryana Cadre viz. PK Agrawal who was appointed as Director General of Police-DGP (HoPF), Haryana vide State Home Department Order No. 2/8/18-2HG-1 dated 15 Aug 2021 for a period of two years from the date of his assumption of office and the ibid IPS officer joined as such on 16 Aug 2021.

Since as per above Order the term of PK Agrawal, IPS as DGP (HoPF) would be till 15 Aug 2023 however since the date of birth of above IPS is 21 June 1963 hence his superannuation from IPS is scheduled on 30 June 2023. Thus for the period between 1 July 2023 to 15 Aug 2023, he would be required to be granted suitable extension in service which can only be granted by the Competent Authority in Govt of India by issuing an Notification/Order giving relaxation in All India Services (Death cum Retirement Benefit ) Rules, 1958. 

The Cabinet Sectt. on May 22 transferred the aforementioned RTI to both the DoPT and MHA. While reply from the latter has been received as quoted hereinbefore, the response from the former is still keenly awaited. 

Since as per above Order the term of PK Agrawal, IPS as DGP (HoPF) would be till 15 Aug 2023 however since the date of birth of above IPS is 21 June 1963 hence his superannuation from IPS is scheduled on 30 June 2023. Thus for the period between 1 July 2023 to 15 Aug 2023, he would be required to be granted suitable extension in service which can only be granted by the Competent Authority in Govt of India by issuing an Notification/Order giving relaxation in All India Services (Death cum Retirement Benefit ) Rules, 1958. 

Be that as it may, Hemant continues to assert that despite the fact that incumbent DGP Haryana, PK Agrawal can continue as such till 15 August 2023 i.e. for a period of two years from the date he was appointed as such in strict compliance of Apex Court issued ( and subsequently retiereated) directions in Prakash Singh judgment notwithstanding the fact that his (Agrawal's) superannuation from IPS is scheduled on 30 June 2023, however for the one and a half month period after his retirement i.e. from 1 July 2023 to 15 Aug 2023, he would have to granted a formal extension in service (IPS) and that only be granted by Competent Authority i.e. ACC. 

Hemant recalls that about five years ago when then Haryana DGP BS Sandhu was due to get superannuated on 30 Sep 2018, he was however granted three months extension in IPS till 31 Dec 2019 by approval of ACC. Meanwhile, Sandhu finally retired from IPS one more month later on 31 Jan 2019 in compliance with an order of Apex Court. 

Pertinent that the State of Haryana enacted Haryana Police Act, 2007 via State Legislative Assembly in compliance of Prakash Singh’s judgment and the ibid Act came into force from Nov, 2008. The original Section 6(2) of ibid 2007 Act provided that the DGP shall have a minimum tenure of one year irrespective of his normal date of superannuation. Further, in the year 2010, the above provision was changed via an Amendment law enacted by the State Assembly which prescribed that the DGP shall have a minimum tenure of one year subject to his normal date of superannuation. 

Meanwhile, when the Supreme Court in July, 2018 reiterated its earlier directions on minimum tenure of DGP as being minimum two years, the Haryana Assembly again via an Amendment law in Dec, 2018 changed the above provision and rather provided that the DGP shall have a tenure of not less than one year extendable up to one more year irrespective of his date of superannuation, quips Hemant. 

However, since in Jan, 2019 Supreme Court again directed strict compliance of its directions on appointment of DGP to State of Haryana, hence in Feb, 2019, Manoj Yadava, IPS of 1988 batch was appointed DGP(HoPF), Haryana for a period of two years from the date of his assumption of office. As Yadav’s superannuation is scheduled in July, 2025, hence there was no issue over grant of any sort of extension in service to him during his two years tenure as States’ DGP.

He continued for two and half years till Aug, 2021 after which he proceeded to Central Deputation. Currently Yadava is posted as DG (Investigations) in NHRC. Meanwhile, after Yadava, present incumbent PK Agrawal was appointed as DGP (HoPF), Haryana by the Haryana Government for a period of two years from the date of his assumption of office.

 
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