Bidari had questioned the CAT order of April 21, directing the government to send a proposal of eligible officers (of particular categories) for DGP's post.
The prolonged legal hurdle for the selection of new director general of police (DGP) of the state has finally cleared as the Karnataka High Court on Wednesday dismissed a petition filed by former city police commissioner Shankar M Bidari, questioning the Central Administrative Tribunal (CAT) order directing only certain category of officers to be recommended by Union Public Service Commission (UPSC) for empanelment for the post of DGP.
A division bench headed by justice KL Manjunath dismissed the petition filed by Bidari, who is now the additional director general of police (Railways). Bidari had questioned the CAT order of April 21, directing the government to send a proposal of eligible officers (of particular categories) for DGP’s post.
The CAT, on an application filed by DG Home Guards and Fireforce DV Guruprasad, had passed an order on April 21 directing the state government to send a proposal of eligible officers (of particular categories) for the post of DGP.
Upholding the CAT order, the bench observed that Bidari’s name could not be considered as he did not fall in higher administrative grade plus category pay scale of `75,500-`80,000. It further said that the court could not find fault with the judgment passed by CAT, Bangalore, in directing the government to forward the names of those officers who are in the DGP rank and are in the higher administrative grade plus scale to the UPSC (`75, 500-`80,000) .
The Supreme Court had issued guidelines in 1999 on the selection process of an officer according to which the pay rules have statutory force. After complying with the directive of Madras High Court directive in a similar situation, the UPSC could not have taken a different stand in the case of Karnataka. There cannot be two yardsticks for two different states, observed the bench and dismissed the case.
In the meantime, Bidari has decided to challenge the high court’s verdict in the Supreme Court.
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