Senior IPS officer Viresh Kumar Bhawra (IPS:1987:PB), who was serving as Director General of Punjab Police before going on a two-month leave in July 2022, has challenged the appointment of Gaurav Yadav (IPS:1992:PB) as Director General of Punjab Police during his leave period before Chandigarh bench of Central Administrative Tribunal. He said in his application that upon his return from leave, he was not reinstated as the DGP; instead, he was transferred to another position.

The Union Home Ministry, Punjab Government, and UPSC have all been named as respondents in the petition submitted to the CAT.

In his application, Bhawra emphasized his impeccable service record spanning over 35 years, distinguishing him as one of the few officers in the entire state with an entirely unblemished history. Notably, his name was recommended twice, in 2020 and 2022, in the panel of three officers for the Head of Police Force (HoPF) by the Union Public Service Commission.

Bhawra had been appointed as the DGP for a minimum tenure of two years in January 2022 by the Congress-led government under Charanjit Singh Channi. He assumed office on January 8, 2022, succeeding acting DGP Sidharth Chattopadhyaya (IPS:1986:PB), who had faced scrutiny following a security breach during Prime Minister Narendra Modi’s visit to Punjab the previous year.

However, when the Aam Aadmi Party (AAP) emerged victorious in the assembly elections, with Bhagwant Mann assuming the role of chief minister in March 2022, Bhawra faced pressure to step down from the DGP post. It was perceived that he had been appointed by the previous government. Bhawra countered this claim, asserting that his appointment had followed a legitimate process conducted by none other than the UPSC.

Bhawra further alleged that, upon taking office, he was pressured to engage in various illicit activities, including registering cases against public figures, providing security from the Punjab Police to dignitaries outside the state, and other coercive measures.

To avoid possible disciplinary action, he sought a 60-day leave in July 2022, nearly six months after assuming the DGP role. During his sanctioned leave, Gaurav Yadav was entrusted with additional responsibilities as the DGP.

Bhawra’s earned leave was set to expire on September 2, 2022, and he was scheduled to return to duty on September 5, 2022. However, on the very day when his leave was due to expire, September 2, 2022, the state government transferred Bhawra from his current position as DGP to the role of Chairman of Punjab Police Housing Corporation SAS Nagar.

Bhawra argued that the order dated September 2, 2022, could not be legally upheld, as it was entirely illegal, in violation of the Punjab Police Act 2007 and the directives of the Supreme Court.

He has petitioned the Tribunal to reinstate him as the DGP, taking into account the UPSC’s recommendation and the order from January 08, 2022, which had appointed him as DGP for a minimum of two years. Furthermore, he seeks to restrain the state government from appointing or assigning additional responsibilities as the DGP to any other officer until he completes an actual two years of service. Bhawra is set to retire in May 2024.

The petition contends that the state government has designated Gaurav Yadav as officiating DGP for an extended period exceeding one year, all without sending a panel of officers to the UPSC or appointing Gaurav Yadav based on such a panel. Bhavra has also raised concerns regarding the seniority of Gaurav Yadav. The petition highlights that numerous officers rank higher than Gaurav Yadav in the seniority list for the DGP position.

The petition asserts that the government has prolonged Gaurav Yadav’s appointment as the acting DGP for an extensive period, spanning over a year, without forwarding a panel of officers to the UPSC. Furthermore, Gaurav Yadav’s appointment is not based on any UPSC-recommended panel. Bhavra has also expressed reservations regarding Gaurav Yadav’s seniority, emphasizing that several officers rank higher than Gaurav Yadav in the seniority list for the DGP position.