Hindustan Times (Chandigarh)

Delhi HC junks plea challengin­g Haryana DGP’S appointmen­t

- HT Correspond­ent

HARYANA CADRE IPS OFFICER (1986 BATCH) PRABHAT RANJAN DEO WAS THE PETITIONER

CHANDIGARH: The Delhi high court on Monday dismissed a petition challengin­g the appointmen­t of Haryana director general of police (DGP) Manoj Yadava.

Justice Jyoti Singh of the HC said the petition is not maintainab­le in view of a 1997 Supreme Court (SC) judgment and provisions of the Administra­tive Tribunals Act.

“It would, however, be open to the petitioner to approach the central administra­tive tribunal for determinat­ion of his grievances on merits,” the HC order said.

A 1986-batch Haryana cadre IPS officer, Prabhat Ranjan Deo, had sought quashing of the recommenda­tion and empanelmen­t of 1988-batch IPS officer Manoj Yadava by the Union Public Service Commission (UPSC) and his appointmen­t as the Haryana DGP.

Quoting a ruling of the constituti­on bench of the apex court, the Delhi HC said the SC had laid down that the tribunals created pursuant to Article 323-A or under Article 323-B of the Constituti­on are competent to hear matters entrusted to them and will continue to act as only courts of ‘first instance’ in respect of the areas of law for which they have been constitute­d.

“It is clear that after the authoritat­ive pronouncem­ent of the apex court, this court cannot entertain the present petition and remedy lies only before the CAT,” the HC said.

Deo’s counsel, however, said the fulcrum of the argument is that the Supreme Court had on March 25, 2019, granted liberty to the petitioner to approach the jurisdicti­onal high court and as the office of UPSC is located within the territoria­l jurisdicti­on of this court, the jurisdicti­onal HC is Delhi high court. The Delhi HC, however, said the contention that the apex court intended to confer jurisdicti­on upon this court, which it does not have, cannot be sustained.

The petitioner had contended that Haryana government on January 25, 2019, had sent a list of 11 eligible officers, who had completed 30 years of service, to the UPSC for considerat­ion and empanelmen­t to the post of DGP.

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