In a major set back for senior Indian Police Service (IPS) officer AK Jain, the Bombay high court on Friday set aside a February 2010 Central Administrative Tribunal (CAT) order directing his reinstatement, along with benefit of arrears of pay and all allowances.
The court has sent the matter back to CAT for fresh consideration.
The court reversed the CAT order holding that an IPS officer who was facing criminal charges could not be reinstated if the charges were connected with their position as member of the service.
In February 2010, the CAT had ended Jain’s suspension, which was ordered in 2000 after a criminal case was registered against him. Jain was then working as the additional commissioner of police in Pune.
Claiming that Jain’s suspension was illegal, the CAT had directed the state government to reinstate him in service and pay him all benefits of arrears of pay and allowances.
The state government went to the high court where a division bench of justice AM Khanwilkar and justice RY Ganoo found that the tribunal had completely ‘glossed’ while interpreting various provisions of the All India Service Rules.