Madhya Pradesh HC dismisses plea challenging CAT order for IPS cadre review

The Madhya Pradesh High Court’s Jabalpur bench on Thursday dismissed the Union government’s petition challenging the Central Administrative Tribunal’s (CAT) order directing an Indian Police Service (IPS) cadre review within 120 days. A bench of Justices Vivek Rusia and Pradeep Mittal upheld the CAT order.

The Madhya Pradesh Police Association filed an application in the CAT stating that under the Indian Police Service (Cadre) Rules, 1954, a cadre review is mandatory every five years, but the process has been continuously delayed for the last two decades. It said that compared to other states, Madhya Pradesh cadre officers were being left behind, creating inequality.

The association submitted that due to the delay, many eligible state police service officers were being deprived of their constitutional right to promotion and induction into IPS. It pointed out that if the delay continued, many officers would cross the age limit of 56 and would permanently lose the opportunity for induction.

In its order on January 9, the tribunal observed that such delay violates the fundamental rights of equality and promotion under Articles 14 and 16 of the Constitution. Terming it as playing with the future of officers, the tribunal said that conducting cadre review every five years is a clear obligation of the governments. The tribunal directed that the IPS cadre review be completed within 120 days.

Challenging the order, the Union government filed a petition in the high court contending that the cadre review process was carried out from time to time and as per rules. It maintained there was no delay.