Two Uttarakhand IPS officers transfer Excessive Court docket over ‘mala fide’ compelled deputation to decrease rank | India Information

Joshi is an IIT Roorkee graduate who was promoted as IG in 2024 and at the moment holds the cost of IG, CID, whereas Garg is at the moment the IG (Fireplace).

The petition says that the officer didn’t present willingness for deputation and was by no means knowledgeable by the police division or the state authorities that his identify had been forwarded by them to the Authorities of India for Deputation. When he turned conscious, he approached the federal government, which, by way of its January 4, 2025 order, withdrew the proposal together with his identify. Garg has additionally claimed the identical in her petition.

On February 3, 2025, the Authorities of India took cognizance of the letter dated and wrote that the competent authority has accredited the cancellation by appointment of the petitioners as Deputy Inspector Common. Nevertheless, the petitioners have been debarred from Central Deputation and international assignments and consultancies for 5 years underneath the provisions of Para 17 of the IPS Tenure Coverage.

Joshi and Garg additional claimed that whereas this debarment was in impact, the federal government of Uttarakhand proceeded to ahead their names once more for central deputation. On March 5, 2026, the Authorities of India issued an order appointing the officers on central deputation.

Joshi stated within the petition, “The petitioner apprehends that his agency method in dealing with such issues (investigations) could not have been fully acceptable in sure quarters and will have contributed to the developments which have culminated within the current state of affairs.”

“…That the following forwarding of the petitioner’s identify for central deputation within the aforesaid circumstances clearly reveals the mala fide intent underlying the motion of the State Authorities. Having did not take away the petitioner from service inside the State cadre by way of any lawful means, the State Authorities seems to have adopted the system of pushing the petitioner out of the State by once more forwarding his identify for deputation, regardless of the subsisting five-year debarment”.

The motion has the impact of not solely banishing the petitioner from the state cadre “but additionally humiliating him by inserting him on deputation to a publish of Deputy Inspector Common in BSF, which is decrease than the petitioner’s substantive rank of Inspector Common,” the petition says.

“The stated motion is manifestly arbitrary, opposite to the sooner stand taken by the State Authorities itself in its letter dated January 4, 2025, and constitutes a transparent abuse of administrative energy,” it stated.

In the meantime, on Monday, the Further Solicitor Common showing for the Authorities of India stated that the debarment order was cancelled on March 5, 2026, when the officers have been appointed on central deputation.

Joshi has claimed that the order was not a routine administrative determination however is a part of a collection of actions taken in opposition to the petitioner, starting together with his abrupt removing from the supervision of a CBCID investigation shortly after this HC recorded its appreciation of the petitioner’s method in an order in December final yr.

“The forwarding of the petitioner’s identify for deputation regardless of a subsisting five-year debarment and the ensuing appointment to a decrease rank clearly display that the impugned motion has been taken for extraneous issues and is liable to be put aside by this Hon’ble Court docket,” he stated.

The petition additionally stated that instantly after the GoI order on March 5, the state authorities “proceeded with uncommon and unwarranted haste to alleviate the petitioner from the state cadre”, by an order on March 6, granting approval for his central deputation and directed that he be relieved from the state authorities with speedy impact.