As per the plea, Padsalgikar was superannuated last August but was given an extension. He was granted an additional extension in December.
The Bombay High Court has disposed of a public interest litigation challenging a second three-month extension in the tenure of Director General of Police DD Padsalgikar, and suggested to the Union Ministry of Home Affairs that it could consider letting the DGP continue in the post until he completes his two-year term, as he has retired before finishing the tenure.
The petition, filed by advocate RR Tripathi, was heard by a division bench of Chief Justice Naresh Patil and Justice NM Jamdar. As per the plea, Padsalgikar was superannuated last August but was given an extension. He was granted an additional extension in December. The second was illegal, the plea claimed, since the DGP is also a full-time member of the budget committee, and as per the All India Service (Death cum Retirement Benefits) Rules, 1958, a member of the committee cannot be given an extension.
Advocate General Ashutosh Kumbhakoni, appearing for the state government, and Additional Solicitor General Anil Singh, appearing for the Home Ministry, opposed the plea and relied on a Supreme Court judgment which held that an officer of DGP rank should have a maximum term of two years. They also argued that it was in public interest that short extensions were given to Padsalgikar so he could finish the term.
On Tuesday, the deputy secretary of the ministry had filed an affidavit in the court stating that approval for the extension has been granted as per the All India Service Rules, and is in public interest. It said the DGP may continue beyond the date of his superannuation for a reasonable period of time, with the approval of a competent authority. And the extension was granted taking into consideration administrative exigencies such as the time required for fresh appointment of a DGP.
The affidavit stated that after Padsalgikar, a 1982 batch IPS officer, the next senior police officer is Subodh Jaiswal, who is presently the Mumbai police commissioner. If Padsalgikar was superannuated last November, the next DGP would have got a short tenure of five months, it said.
SERVICE RULES
- DGP Padsalgikar was superannuated last August but was given an extension
- He was granted one more extension in December, which the plea claimed was illegal, since he is also a member of the budget committee
- All India Service Rules, 1958, state that a member of the panel can’t be given an extension
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