PMO, CAB.SECT. & DOPT TRANSFER RTI PLEAS TO UNION HOME MINISTRY, CPIO IN MHA EXPRESSES IGNORANCE, ON 30 SEP, A RETIRED IPS OF 1991 BATCH A.K. ROY, RE-EMPLOYED AS DG, PRISONS BY HARYANA GOVT, IN IPS (CADRE) RULES, 1954, THERE IS NO PROVISION FOR RE-EMPLOYMENT POST-SUPERANNUATION, SAYS HEMANT KUMAR ADVOCATE
Face2News/Chandigarh
It may appear utterly surprising but the real fact is that Central Government has no information regarding the recent three months re-employment granted to an retired IPS officer of Haryana Cadre who superannuated on Sep 30 last month.
This past week on 16 Oct, vide a response to a total three number of online RTI applications preferred by Hemant Kumar, an Advocate at Punjab & Haryana High Court, which were separately instituted in three different Apex Public Authorities in Government of India viz. Cabinet Secretariat, Department of Personnel & Training (DoPT) and Prime Minister’s Office (PMO) all of which were subsequently transferred to Union Ministry of Home Affairs (MHA), in a common reply to all of the three aforementioned transferred RTIs, D.K. Ghosh, Deputy Secretary (Police-1) & Central Public Information Officer (CPIO) categorically responded that information sought is not available with it.
Pertinent that MHA is the cadre controlling authority of Indian Police Service (IPS) cadre in the country.
In his RTI plea, Hemant Kumar, Advocate of Punjab and Haryana High Court, sought complete information as available with the Central Government pertaining to grant of re-employment by the Haryana Government for a period of 90 days with effect from 1 October 2025 to Alok Kumar Roy, IPS after attaining the age of superannuation on 30 September 2025 under Rule 9(1)(a) of IPS (Cadre) Rules, 1954.
He also sought information regarding grant of aforementioned re-employment to Alok Kumar Roy, IPS on the cadre post of Director-General, Prisons with effect from 1 October 2025 after his superannuation on 30 September 2025 i.e. either it has been granted in the order of the names of the officers in the Select List or Otherwise or else if any Select List not in force, then with the prior approval of the Central Government as mandated under Rule 9(2) of IPS (Cadre) Rules,1954 read with 9(1)(a) of IPS (Cadre) Rules, 1954.
Pertinent that on 30 Sep, vide an Order issued under the seal and signature stamp of Dr. Sumita Misra, IAS, Additional Chief Secretary (ACS) to Government of Haryana, Home Department, Alok Kumar Roy, a 1991 batch IPS officer of Haryana cadre, was granted re-employment after the age of superannuation on 30 September 2025 for a period of 90 days with effect from 1 October 2025.
The ibid Order further mentioned that on re-employment, Alok Kumar Roy is posted as Director-General, Prisons, Haryana, Panchkula under Rule 9(1)(a) of the IPS (Cadre) Rules, 1954. The terms and conditions of his re-employment were however not mentioned therein.
Meanwhile, Hemant, who is a frequent commentator on administrative developments, seriously wondered over MHA’s reply that it has got information in this matter more particularly because Sep 30 Order of Haryana Govt explicitly mentioned a copy being forwarded to Secretary to Govt. of India, MHA, North Block, New Delhi for information and necessary action.
The Advocate further pointed that firstly it must be noted that the term re-employment does not finds mention in IPS (Cadre) Rules, 1954. He however recalls that over four & half years ago in Jan, 2021, a 1985 batch IPS officer, K.Selvaraj was also granted similar sort of re-employment as Director-General, Prisons for a period of three months by the Haryana Government.
Hemant asserted that Rule 9 of IPS (Cadre) Rules, 1954 pertains to the temporary appointment of non-cadre officer to cadre posts in lieu of the re-employment. Sub-Rule 9(1)(a) provides that a cadre post in a State shall not be filled by a person who is not a cadre officer except if there is no suitable cadre officer available for filling the vacancy.
Interestingly, apart from Roy, there are total five other IPS officers in Haryana in the rank and pay scale of Director-General of Police (DGP) viz. Muhammad Akil of 1989 batch, Shatrujeet Kapoor of 1990 batch who although being DGP (Head of Police Force) recently proceeded on leave, Sanjeev Kumar Jain of 1991 batch, Ajay Singhal and Om Prakash Singh (currently acting DGP) both of 1992 batch. Hence, it cannot be said that no suitable cadre officer (read of DGP rank) is not available for filling the vacancy which is nevertheless a key requirement for invoking Rule 9(1)(a) of IPS (Cadre) Rules, 1954
However, thereafter the first Proviso mandates that when a suitable cadre officer becomes available, the person who is not a cadre officer, shall be replaced by the cadre officer. The second Proviso thereafter further stipulates that if it is proposed to continue the person who is not a cadre officer beyond a period of three months, the State Government shall obtain the prior approval of the Central Government for such continuance.
Now, amidst all this, one seriously wonders if in terms of aforementioned Rule 9(1)(a) a retired/superannuated IPS officer too can be considered a non-cadre officer and consequently can be posted on a cadre post. Noteworthy that post of Director-General Prisons, Haryana is nevertheless a IPS cadre post under Indian Police Service (Fixation of Cadre Strength) Regulations, 1955 for the State of Haryana which were previously fixed & notified in Feb, 2017, quipped Hemant.
Interestingly, apart from Roy, there are total five other IPS officers in Haryana in the rank and pay scale of Director-General of Police (DGP) viz. Muhammad Akil of 1989 batch, Shatrujeet Kapoor of 1990 batch who although being DGP (Head of Police Force) recently proceeded on leave, Sanjeev Kumar Jain of 1991 batch, Ajay Singhal and Om Prakash Singh (currently acting DGP) both of 1992 batch. Hence, it cannot be said that no suitable cadre officer (read of DGP rank) is not available for filling the vacancy which is nevertheless a key requirement for invoking Rule 9(1)(a) of IPS (Cadre) Rules, 1954
Furthermore, Rule 9(2) of IPS (Cadre) Rules, 1954 provides that a cadre post shall not be filled by a person who is not a cadre officer except in accordance with the three principles. Firstly, if there is a Select List in force, the appointment or appointments shall be made in the order of the names of the officers in the Select List.
Secondly, if it is proposed to depart from the order of names appearing in the Select List, the State Government shall forthwith make a proposal to that effect to Central Government together with reasons thereof and the appointment shall be made only with the prior approval of the Central Government. Thirdly, if a Select List is not in force and it is proposed to appoint a non-Select List Officer, the State Government shall forthwith make a proposal to that effect to the Central Government together with reasons thereof and the appointment shall be made only with the prior approval of the Central Government. Now, since it was not available in public domain if re-employment of retired IPS Alok Kumar Roy was made by following either of the aforementioned three principles, hence RTI was preferred in the matter.