Dogra case remanded back to Tribunal

CHANDIGARH, Dec 14: Setting aside the orders passed by the Central Administrative Tribunal in the case challenging Punjab Director Genera...

CHANDIGARH, Dec 14: Setting aside the orders passed by the Central Administrative Tribunal in the case challenging Punjab Director General of Police P.C. Dogra’s extension in service, the Punjab and Haryana High Court today remanded the case back to the Tribunal for “passing appropriate orders after hearing the parties.” Pronouncing the orders in the open court, Justice G.S. Singhvi and Justice Iqbal Singh observed: “We partly allow the writ and set aside the order dated December one with the directions that the petitioners prayer for interim relief be decided on merit by the single member of the Tribunal”. The division bench also directed the parties to appear before the CAT vice chairman on December 16.

The members also expressed the hope that the issue of interim relief would be decided by the single member bench within seven days. Confining their consideration to the “legality and correctness of the order passed by the Tribunal” earlier, the members observed: “We are convinced that during the pending of the original application filed by the petitioners, it is not desirable for this court to exercise the jurisdiction which is otherwise vested in CAT”. The CAT vice chairman, Justice R.K. Nehru, in his order pronounced on December one, had advised the parties to approach the Chairman of the Tribunal’s Principal Bench in Delhi.

Challenging Dogra’s extension, Additional Director General of Police Jarnail Singh Chahal, ADGP Sarabjit Singh and ADGP Mehal Singh Bhullar had earlier sought the quashing of the CAT’s order. The quashing of the Punjab Government’s order granting Dogra six months extension from October one had also been sought. Claiming the extension to be “contrary to law”, they had contended that the same could not be sustained. Further, the Government of Punjab’s order, on the approval allegedly granted by the Union Ministry of Home Affairs, was “violative to their fundamental right to equality in the matter of employment”, they had added. The petitioners had also alleged that the order had been passed “in colourable exercise of power vested in the government under rule 16 of the 1958 rules”.

During the arguments, the counsel for the parties stated “at Bar”that the Chandigarh Bench of the CAT was non functional for the last two months due to the non availability of Administrative member. The counsel for the petitioner contended that the bench may not be able to decide the application on merits and the vice chairman should have granted interim relief to the petitioners by restraining Dogra from holding the DGP’s post as the extension orders had no legal sanctity. Dogra, an IPS officer of the 1964 Punjab Cadre, was promoted as the Director General in 1997. Three months prior to his impending retirement on March 31, 1998, Dogra’s tenure was extended by six months. It was again extended for the same period with effect from October 1.