India
High Court Upholds CAT Order to Conduct IPS Cadre Review Within 120 Days
The Jabalpur bench of the Madhya Pradesh High Court dismissed a petition filed by the Union government that challenged a Central Administrative Tribunal (CAT) order directing an Indian Police Service (IPS) cadre review to be completed within 120 days. The bench, composed of Justices Vivek Rusia and Pradeep Mittal, upheld the CAT order.
The Madhya Pradesh Police Association had applied to the CAT, arguing that the Indian Police Service (Cadre) Rules, 1954, mandate a cadre review every five years, but the process has been repeatedly delayed for the past twenty years. The association claimed that the delays have left cadre officers in Madhya Pradesh behind other states, creating inequality. It further stated that many eligible state police service officers were being deprived of their constitutional right to promotion and induction into the IPS, and that continued delays would cause officers to exceed the age limit of 56 and permanently lose the opportunity for induction.
In its January 9 order, the CAT observed that such delays violate the fundamental rights of equality and promotion under Articles 14 and 16 of the Constitution. The tribunal described the situation as “playing with the future of officers” and emphasized that conducting a cadre review every five years is a clear obligation of the government. It directed that the IPS cadre review be completed within 120 days.
The Union government’s petition to the high court contended that the cadre review process had been carried out from time to time and in accordance with the rules, and that there had been no delay. The high court rejected this argument and affirmed the CAT’s directive.