India

SC Rejects Centre’s Plea Against Reinstating Retired Chhattisgarh IPS Officer

The Supreme Court on Tuesday dismissed the Centre’s appeal challenging the reinstatement of senior IPS officer Gurjinder Pal Singh, who had been compulsorily retired on charges of corruption, extortion, and sedition.

The bench, comprising Justices Hrishikesh Roy and S.V.N. Bhatti, refused to interfere with the Delhi High Court’s order that upheld the decision of the Central Administrative Tribunal (CAT) to reinstate Singh.

In its ruling, the Delhi High Court had dismissed the Centre’s challenge on August 23, 2023, and upheld the CAT’s decision to set aside Singh’s compulsory retirement order issued on July 20, 2023. The High Court also directed Singh’s reinstatement with all consequential benefits.

The Centre had argued that the retirement was in the public interest, backed by service rules, and that the CAT had overstepped its jurisdiction by evaluating evidence from criminal complaints, annual performance reports, and disciplinary proceedings.

However, the High Court noted that the Centre had failed to present any significant evidence in Singh’s service record to justify the compulsory retirement. The court also observed that the criminal complaints against Singh were based on weak grounds, including an alleged recovery from Mani Bhushan during a raid, and that these allegations were insufficient to warrant such a drastic decision.

The High Court emphasized that the stay on the proceedings of three FIRs against Singh by the Chhattisgarh High Court, coupled with the delay in departmental proceedings, highlighted procedural flaws in Singh’s forced retirement. It noted that despite a three-year delay, an inquiry officer had yet to be appointed for the disciplinary proceedings, which the CAT had rightly criticized.

Furthermore, the High Court found that the reopening of a case involving abetment of suicide against Singh, despite a closure report from the CBI, appeared to be an attempt to harass him.

Singh, in his submission to the Supreme Court, argued that the Chhattisgarh government was misusing its machinery to harass him and damage his reputation.

He claimed the charges against him were motivated by his refusal to grant “illegal favours” to high-ranking officials and his resistance to the alleged corruption in the Nagrik Apurti Nigam scam.

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Meera Verma

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