The Madhya Pradesh High Court on Thursday upheld the Central Administrative Tribunal (CAT)’s order for an IPS cadre review within 120 days. A bench of Justices Vivek Rusia and Pradeep Mittal passed the order upholding the CAT’s order, while dismissing the Centre’s petition challenging it.
The Madhya Pradesh Police Association had moved the tribunal arguing that despite a cadre review being mandatory every five years under the rules, the process has been continuously delayed for the last two decades.
The association submitted that the delay has resulted in many eligible state police service officers being deprived of their constitutional right to promotion and induction into IPS cadre. It further added that if the delay continued, many officers would cross the maximum age limit of 56 and would permanently lose the opportunity for induction.
The CAT, in its order on January 9, had 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.
The Union Govt then moved a petition in the High Court contending that the cadre review process was carried out from time to time as per rules, and there was no delay as such in it.
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