Delhi high court dismisses petition challenging Haryana DGP’s appointment - Hindustan Times
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Delhi high court dismisses petition challenging Haryana DGP’s appointment

Hindustan Times, Chandigarh | By, Chandigarh
Jul 13, 2020 11:38 PM IST

Justice Jyoti Singh of the HC said the petition is not maintainable in view of a 1997 Supreme Court (SC) judgment and provisions of the Administrative Tribunals Act

The Delhi high court on Monday dismissed a petition challenging the appointment of Haryana director general of police (DGP) Manoj Yadava.

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Justice Jyoti Singh of the HC said the petition is not maintainable in view of a 1997 Supreme Court (SC) judgment and provisions of the Administrative Tribunals Act.

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“It would, however, be open to the petitioner to approach the central administrative tribunal for determination of his grievances on merits,” the HC order said.

A 1986-batch Haryana cadre IPS officer, Prabhat Ranjan Deo, had sought quashing of the recommendation and empanelment of 1988-batch IPS officer Manoj Yadava by the Union Public Service Commission (UPSC) and his appointment as the Haryana DGP.

Quoting a ruling of the constitution bench of the apex court, the Delhi HC said the SC had laid down that the tribunals created pursuant to Article 323-A or under Article 323-B of the Constitution are competent to hear matters entrusted to them and will continue to act as only courts of ‘first instance’ in respect of the areas of law for which they have been constituted.

“It is clear that after the authoritative pronouncement of the apex court, this court cannot entertain the present petition and remedy lies only before the CAT,” the HC said.

Deo’s counsel, however, said the fulcrum of the argument is that the Supreme Court had on March 25, 2019, granted liberty to the petitioner to approach the jurisdictional high court and as the office of UPSC is located within the territorial jurisdiction of this court, the jurisdictional HC is Delhi high court.

The Delhi HC, however, said the contention that the apex court intended to confer jurisdiction upon this court, which it does not have, cannot be sustained.

The argument that the petition has been pending in this court since March 2019 and should be entertained, no doubt appeals at first blush, but cannot be sustained due to lack of jurisdiction. No court can usurp a jurisdiction, it lacks and I am afraid, this plea does not take the case of the petitioner forward, Justice Jyoti Singh said.

The petitioner had contended that Haryana government on January 25, 2019, had sent a list of 11 eligible officers, who had completed 30 years of service, to the UPSC for consideration and empanelment to the post of DGP. The petitioner said the UPSC had on February 18, 2019, empanelled three IPS officers to the post of DGP, but his name was not among them.

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