The issue of IPS officers’ promotion in Haryana has reached the State Information Commission, with a senior police officer alleging “deliberate delay” in supplying information related to the promotions of 1994 and 1996 batch IPS officers.
Acting on the complaint, the State Information Commission recently issued a notice to the State Public Information Officer (SPIO) of the state home department asking him to personally attend the hearing of the matter to be heard by state chief information commissioner Vijai Vardhan on September 20.
In June this year, a senior police officer had sought inspection of the records related to the promotion of 1996 batch IPS officers from IGP to the rank of ADGP this year. He had also sought inspection of the proceedings of the departmental promotion committee (DPC) which had promoted the IPS officers of 1994 batch from IGP to the ADGP rank in 2018.
On behalf of the state home department, the State Public Information Officer, a deputy superintendent-level official of the state government, informed the commission that the applicant was told just a few days after filing the application that the file related to the promotion of 1994 and 1996 batch IPS officers has been submitted to the authorities. The SPIO said: “The matter is under consideration…It was again informed to the applicant that a file related to promotion orders of 1994 and 1996 batch is still lying with the authorities. As soon as the file is received by the branch after the decision is taken by the authorities, the desired information… will be provided.”
However, the senior police officer, who has approached the commission, alleged that “rather than providing requisite information, the SPIO gave a vague reply as to escape from his duty as envisaged by law with a mala fide intention”. In his complaint, the officer blamed the SPIO for “deliberately delaying supply of the information”, adding that “it goes against the inherent objective of the law that is to ensure supply/access of information within a reasonable time frame”.
The officer also stated that the SPIO is duty-bound to furnish the requisite information within 30 days after the receipt of the request but in the present case, the SPIO has not allowed him to inspect the requisite record “on flimsy grounds that the file has been submitted to the authorities”. “Going by this excuse, the inspection could be delayed indefinitely, thereby defeating the very purpose of RTI Act,” said the officer, adding that “the SPIO is also responsible for misleading the complainant/ petitioner by giving a vague reply and hindering the complainant’s access to information against the law, statute and the complainant’s fundamental rights”.
The officer said: “By virtue of law, the SPIO is required to act independently without any fear or favour but…the SPIO is not only infringing the rights of the complainant but is also impeding his access to the documents concerned so as to probably save the face of other officials who might be involved.”
On the other hand, the SPIO has urged the information commission to close the petition, adding that the “applicant will be informed after fixing the date and time of the inspection of records as desired by him as soon as the file is received by the branch” from the higher authorities.
Meanwhile, in a related development, the Haryana Police has informed the same officer that the orders related to creation of ex-cadre posts in the rank of DGP and ADGP are available with the state government.
Under the RTI Act, the officer wanted photocopies of the orders of state government regarding creation of 14 ex-cadre posts of DGP rank and eight posts in ADGP rank. However, the police department replied: “The state government has created 14 ex-cadre posts in the rank of Director General of Police at their own level, … orders are available with the state government.” Similar reply was given in connection with the ADGPs.
The critics in the police department have been raising questions over the promotions of IPS officers promoted from the IGP to ADGP rank stating the same were done despite “non-availability of sufficient vacancies in the rank of ADGP”. However, the government has been insisting that there is nothing wrong in converting ex-cadre posts of DGPs into ADGPs to fill the gap.
