Ministry of Home Affairs defends extension to Maharashtra DGP DD Padsalgikar

The Union Ministry of Home Affairs filed an affidavit in the Bombay High Court, defending its decision to grant three months' extension of tenure to state director general of police (DGP) DD Padsalgikar.

In the affidavit filed by deputy secretary of the ministry, approval for extension is as per the All India Service Rules, and is in public interest. It said the DGP may continue beyond his date of superannuation for a reasonable period of time — with the approval of a competent authority — and it was done taking into consideration administrative exigencies such as time required for the fresh appointment of a DGP.

It stated that Padsalgikar, a 1982 batch IPS officer, the next senior-most police officer is Subodh Jaiswal, who is presently the Mumbai police commissioner. If Padsalgikar is to be superannuated in November, the DG of the state will get a short tenure of five months. As the next senior officer, Jaiswal has about four years of service left. The affidavit also states that in matters relating to public interest, the grounds cannot be confined to the narrow definitions provided by the provisions and that rules have to be considered in their wider context.

The affidavit was in response to a PIL filed by advocate RR Tripathi. As per the plea, Padsalgikar was superannuated in 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. The plea will be heard on Wednesday.