Holding that a government department cannot benefit from its own delays, the Central Administrative Tribunal (CAT) has ordered the Union home ministry to promote a DANIPS officer to the Indian Police Service (IPS).
Saying that the home ministry caused the delay, and that Arun Kumar Kampani gave his unconditional acceptance for his promotion to the IPS, CAT chairman Justice VK Bali and member LK Joshi ordered the home ministry to appoint Kampani to the IPS within three months.
Kampani, a 1985 batch officer of the Delhi, Andman & Nicobar Islands, Lakshadweep, Daman & Diu and Dadra & Nagar Haveli Police Service (DANIPS) was denied promotion to the IPS on the ground that he communicated his "unconditional willingness" for the appointment after the validity of the select list expired.
Kampani joined the Delhi Police as assistant commissioner of police on June 16, 1985, and went on to become the deputy commissioner of police. But, in 2005, he was diagnosed with ankolosing spondylitis, which required constant and expensive treatment.
When Kampani’s name figured in the 2007 IPS select list, the MHA, on September 8, 2008, asked him to submit by October 20, his unconditional willingness for the appointment to IPS and his consent for termination from DANIPS.
Kampani gave his consent when a fresh option was asked for later. In a letter dated September 17, 2008, Kampani, however, stated that because of his medical condition he would like to be posted in Delhi till his treatment continued at the All India Institute for Medical Sciences (AIIMS).
The MHA referred the case to the Director General of Health Services. On October 20, 2008, the DGHS informed the MHA that treatment was available only at AIIMS in Delhi.
However, the MHA wrote back to Kampani only 14 days after receiving the DGHS’s response. The MHA said his health status would be factored in appropriately at the time of transfer and posting.
The very next day, Kampani communicated that his consent for joining the IPS might be treated as unconditional.
The Home Secretary had given a go ahead for his promotion. However, the MHA changed its views and declined his promotion on the ground that he did not give his “unconditional” acceptance within the prescribed period.