Allahabad HC Invalidates State Govt’s Removal of DSP from Position

The Allahabad High Court has set aside a 2019 directive issued by the state government, through which a deputy superintendent of police was “compulsorily retired” from his position.

Compulsory Retirement

Ratan Kumar Yadav was ousted from the DSP post following a recommendation by a screening committee, asserting that Yadav’s compulsory retirement was necessary to uphold efficiency in the state police service.

In annulling the directive, the high court also instructed the state government to issue a new directive for the petitioner’s reinstatement within three weeks.

Granting the writ petition filed by Yadav, Justice Prakash Padia remarked, “It is evident that the screening committee did not record any subjective satisfaction and vaguely concluded that the petitioner is suitable for compulsory retirement, without considering individual cases of the government servant.” “The report further demonstrates that the service record was not considered at all by the respondent while issuing the compulsory retirement order. The November 7, 2019 order mandating compulsory retirement also includes details of previous disciplinary actions. Therefore, this order (November 7) carries stigma and amounts to double punishment,” the court stated in its recent judgment.

Consequently, the state government’s directive is “legally unsustainable” and is hereby nullified, the court declared.

Promotions

The petitioner initially served as a sub-inspector in the Uttar Pradesh Police. Subsequently, he was promoted to the rank of inspector and later to the position of DSP.

The government’s screening committee submitted its report on November 1, 2019, recommending that the petitioner should not be retained in service in the public interest and hence, be compulsorily retired.

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