CUTTACK: The Orissa High Court has directed the Central Administrative Tribunal (CAT), Cuttack bench, to deliver judgment on senior IPS officer Satish Kumar Ishwardas Gajbhiye’s petition. The Tribunal had reserved after the final hearing on May 9.
The vacation court issued the direction on Friday while disposing of a petition filed by Gajbhiye, presently posted as Inspector General of Police (Communications) in Cuttack, challenging a central deputation order.
The bench comprising Justices AK Mohapatra and MS Raman directed Gajbhiye to approach CAT with a certified copy of the HC order within 10 days. The bench directed CAT to deliver a final decision within 10 days of such filing.
The bench further added “In the event the petitioner approaches either the Union of India or the state with a prayer to allow him to join in any of the post befitting to his seniority and status, the same shall be considered by the concerned authorities independently in accordance with the applicable rules and circulars holding the field within a period of 10 days from the date of such approach without being influenced by any other factors.”
According to case records, applications were invited for central deputation at the IG level on April 16, 2024 and Gajbhiye has applied. But the Ministry of Home Affairs issued order to the state chief secretary appointing him on deputation in the rank of deputy inspector general, Central Reserve Police Force (CRPF) on December 6, 2024. The state government issued notification placing him on deputation as DIG of Police, CRPF on December 12, 2024.
He had then approached the CAT, which has reserved the order after completing hearing. Appearing before the vacation bench on Friday on Gajbhiye’s behalf, senior advocate Subir Palit submitted that if CAT reserves an order after hearing, the judgement is to be pronounced within three weeks from that day. If the judgment is not delivered within the stipulated time, the matter is required to be reheard by the CAT, Palit contended seeking the HC’s intervention.
Gajbhiye had challenged his posting in the CAT stating while pay protection may be available, it cannot be used as a justification to post an officer at a lower rank, especially when such a decision adversely impacts the dignity, facilities and command responsibilities associated with the higher IGP post.