Delhi High Court upholds CAT order to reinstate Chhattisgarh IPS officer Gurjinder Pal Singh

The Delhi High Court on Friday upheld the Central Administrative Tribunal (CAT) decision to set aside the compulsory retirement of Chhattisgarh cadre Indian Police Service (IPS) Officer Gurjinder Pal Singh [Union of India v Gurjinder Pal Singh & Anr]..Singh was compulsorily retired from the Indian Police Service (IPS) last year. Among other grounds, the criminal proceedings related to alleged disproportionate assets and seditious material had been cited to retire the officer.A division bench of Justice Suresh Kumar Kait and Justice Girish Kathpalia said that the Centre had passed the order “as a shortcut method without even waiting for conclusion of departmental proceedings”."What is clinching is that despite delay of three years, even Enquiry Officer was not appointed in the department proceedings and the learned Tribunal has taken serious note of this fact in the impugned judgment, which in our opinion is just and proper in the facts of the present case," the Court said..The bench also noted that the proceedings in all three criminal cases registered against Singh have been stayed by the Chhattisgarh High Court.It observed that without waiting for the outcome of the pending challenge, the departmental action was taken against him.“Having noted above the totality of facts of the present case, we are of the opinion that the impugned order dated 30.04.2024 passed by the learned Tribunal suffers from no infirmity and thus, the present petition and pending applications are dismissed,” the Court held..After Singh was ordered to be compulsorily retired last year, he had moved the CAT and argued that he was retired because he was in-charge of high-profile and sensitive probes like Nagrik Apoorti Nigam scam.Singh was subjected to political pressure from the higher echelons of State and when he refused to follow the instructions and given forced retirement, it was alleged.The CAT in April this year allowed Singh's plea and ordered his re-instatement with all consequential benefits. The decision was challenged by the Union government. .Additional Solicitor General Chetan Sharma with advocates Harish V Shankar, Amit Gupta, Vinay Yadav, Shubham Sharma, Srish Kumar and Vikramaditya Singh appeared for the Central government.Gurjinder Pal Singh was represented by advocates Ankur Chhibber, Mrinal Bharti, Y Shukla, and Nikunj.The State of Chhattisgarh was represented by Additional Advocate General Avdhesh Kumar Singh and Standing Counsel Prashant Singh. .[Read Judgment]