E-Paper
CAT notice to Punjab on former DGP VK Bhawra’s plea
Former DGP has challenged appointment of Gaurav Yadav as state police chief after AAP government took charge in March 2022 and sought his reinstatement, saying he was appointed to the post for a minimum of two years by the governor in January 2022; next hearing on December 15
The Central Administrative Tribunal (CAT) on Monday issued notice to the Punjab government on an application moved by former director general of police VK Bhawra challenging the appointment of Gaurav Yadav as the DGP and seeking his reinstatement.
Besides the Punjab government, the notice has been issued to the Centre, Union Public Service Commission and DGP Yadav.
The next date of hearing is December 15.
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In the application, the 1987-batch IPS officer, who has a service of 35 years, said his name was recommended twice, in 2020 and 2022, in the panel of three officers sent to the UPSC for heading the state police force.
On January 8, 2022, Punjab governor Banwarilal Purohit appointed Bhawra DGP for minimum period of two years. But in March 2022 when the Bhagwant Mann-led Aam Aadmi Party government took charge, Bhawra was “pressurised to relinquish the charge and it was perceived that he was appointee of the previous government”, the application said.
Adding that he did not succumb to any of the pressure tactics of the incumbents seeing his voluntary resignation / transfer.
The application reads: “In fact, immediately on taking over the charge, the applicant (VK Bhawra) was being asked to partake in various illegal acts which included but were not limited to register to cases against various public figures who had personal incumbents, granting of security of the contingent of Punjab police outside the state to various dignitaries and various other coercive measure.” (sic)
Bhawra mentioned that he “restrained and refused to partake to any such activities and in fact discussed the matter with Commissioner of Police, Delhi and a senior officer in Government of India who strongly conveyed their reservations especially to the proposed deployed of Punjab police in Delhi without the approval of ministry of home affairs, GoI.” (sic)
He even met the head of the state, apprised him about the situation and requested him not to deploy Punjab police outside the state without any legal mandate, as mentioned in the application.
Bhawra said that as the respondent (Punjab government) was putting pressure on him and threatening him with disciplinary action, he requested for 60 days leave in July 2022. The leave was sanctioned and Yadav was given additional charge of the post of the DGP to head the police force.
The officer said he was shocked to receive a show-cause notice dated August 26, 2022, and he replied that it was baseless and demanded relevant records from the government so that a detailed reply could be submitted.
The notice was about mishandling three important law and order situations. The three situations were the mishandling of the rocket-propelled gun (RPG) attack on the Punjab Police intelligence wing headquarters in Mohali, the murder of Punjabi singer Shubhdeep Singh, popular known as Sidhu Moosewala, and communal tension outside Kali Mata Temple in Patiala.
On September 2, 2022, on the date when his two-month leave was to expire, the state government passed a transfer order, posting him as chairman of the Punjab Police Housing Corporation, Mohali.
Bhawra urged the tribunal to quash the September 2, 2022, order vide which in a “completely illegal and arbitrary manner and in total contravention of the Punjab Police Act, 2007, the applicant in the guise of the transfer order has been removed from the post of DGP (head of police force).”
Bhawra said that he should be reinstated as DGP (HoPF) keeping in view the recommendations of the UPSC and the January 8, 2022, order appointing him to the post for a minimum period of two years. He said that the government should be restrained from appointing or giving additional charge of the DGP (HoPF) post to any other officer till he completes two years of service.
He said he should be allowed to continue in service for the remainder of period of two years’ service on the post beyond the age of superannuation after excluding the period he has been transferred (from September 2, 2022) till he assumes the charges as DGP (HoPF).
Bhawra appealed that the government should be restrained from taking any coercive steps against him and from making adverse remarks in his annual confidential report.
He said that the government should be directed to supply all relevant records for filing a detailed reply to its show-cause notice.
Lastly, seeking interim relief, the applicant mentioned that during the pendency of application, Bhawra be directed to take charge of the post of DGP (HoPF), Punjab and respondents be restrained from appointing or giving the additional charge on the post to any other officer.
